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.
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