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MMD > Archives > June 2002 > 2002.06.15 > 04Prev  Next


Copyright Term Extension Act of 1998
By George Bogatko

Those interested in the status of works copyrighted in the 1920's
should be heartened to hear that the US Supreme Court has agreed to
hear "Eldred v. Ashcroft."

What is Eldred v. Ashcroft you might ask?

It directly challenges the constitutionality of the "Sonny Bono
Copyright Term Extension Act of 1998" -- that excrescence
 [ http://www.dictionary.com/wordoftheday/archive/2001/12/16.html ]
that up'ed the copyright term for works copyrighted in 1920's for
another 20 years. Originally thought to be a quixotic waste of time,
it suddenly burst into reality very recently when the USSC took it on
for the 2002-2003 session; much to the chagrin of publishers and other
lazy scions of the very inventive.  As Eldred points out, there have
been ELEVEN extensions to the copyright terms in the last 40 years --
undoubtedly at the behest of the heirs and assigns of Gershwin,
Porter and Kern among others -- which amounts to de facto "endless
copyright".  Nothing ever goes into the public domain.

Folks, if the court agrees with Eldred that this is bad, and
invalidates the "Sonny Bono Copyright Term Extension Act of 1998",
then all the stuff up to 1928 will suddenly go into the public domain.
Imagine the great wailing and moaning and gnashing of teeth that will
occur at Warner Bros. et al when all those great Gershwin, Porter,
Warren, Rodgers, Kern, Arlen etc. tunes stop paying royalties.

Let us pray.

GB

NB:  Further info can be found here:

        http://supreme.lp.findlaw.com/supreme_court/briefs/index.html

Scroll down to "Eldred v. Ashcroft (No. 01-618)" and read all about it.

PPS:  If the CTEA is overturned, be sure to sell your Warners stock.

George Bogatko - gbogatko@intac.com.geentroep [ drop .geentroep to reply]
NEW ===>>> http://www.inluxeditions.com


(Message sent Sat 15 Jun 2002, 14:49:38 GMT, from time zone GMT-0400.)

Key Words in Subject:  1998, Act, Copyright, Extension, Term

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