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Intellectual Property and Technology
Newsletter - March 2003
 
In this Issue...
U.S. Supreme Court Affirms Extension of Copyright Protection
 
March 4, 2003
 

The 1998 Copyright Term Extension Act (CTEA) extended copyright terms from 20 to 25 years. Before the CTEA, copyright protection for works created by identified, natural persons began at the work’s creation and lasted until 50 years after the author’s death. Anonymous works, pseudonymous works, and works for hire were provided a term 75 years from publication or 100 years from creation, whichever expired first. By enacting CTEA in 1998, Congress extended this period 20 years for all existing and future copyrights. The copyright term for identified, natural persons now lasts from creation until 70 years after the author’s death. Anonymous and pseudonymous works and works for hire are now provided a term of 95 years from publication or 120 years from creation, whichever expires first.

On January 15, 2003, the United States Supreme Court in Eldred, et al v. Ashcroft, 2003 U.S. LEXIS 751, 123 S.Ct. 769, 154 L. Ed. 2d 683, 71 U.S.L.W. 4052 (2003), issued its opinion affirming Congress’ extension of copyright protection under the 1998 Copyright Term Extension Act (CTEA).

In light of technological advances and increasing globalization of a world economy and market, Eldred formally renders U.S. copyright laws consistent with the terms provided by the European Directive and neutralizes what had been a significant difference in protections offered by these congruent economies. CTEA will likely continue to encourage others from EU countries to invest in advancements protected by copyright in this country. Moreover, as recognized by the Court, CTEA also provides incentive for continued growth of U.S. businesses to create and disseminate their work in the U.S., thereby investing in the economy here. The Court in Eldred also left open the possibility for additional time modifications to U.S. Copyright laws based upon future technological and world market changes, setting the stage for continued or rising tension between economic growth and stimulation fostered by existing businesses and copyright owners versus newly formed businesses attempting to enter the market. 

Tamara Carmichael’s admission to the NY Bar is pending. For more information, contact Tamara, toll free at 1-888-688-8500.