Category Archives: Eldred vs. Ashcroft

Hal Plotkin on the Eldred Case and Brewster’s Bookmobile

Hal Plotkin writes about Eldred in his latest column:
Free Mickey Stanford Law Professor seeks to overturn the Sonny Bono Copyright Extension Act

To heighten public awareness of the importance of the case an Internet bookmobile is set to depart San Francisco next Monday on a trip that will bring it to the steps of the Supreme Court building in Washington, D.C., before arguments wrap up. The van, which will be stopping at schools, libraries and senior centers along the way, is equipped to provide free high-speed access to thousands of literary and artistic works that are already in the public domain.
Tens of thousands of additional books would have come into the public domain (meaning their copyrights would have expired) over the next few years, but now they won’t thanks to the Sonny Bono law.
The U.S. Constitution states:
“The Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
So when Congress passed, and President Clinton signed, what turned out to be the latest of 11 consecutive extensions to the length of copyrights, it raised a very important question: Exactly what does the phrase “for limited times” mean?

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Lessig the “Cultural Anarchist” vs. Hollywood

David Streitfeld has written a great piece for the LA Times about Lawrence Lessig and the Eldred vs. Ashcroft case going up before the Supreme Court October 9th.
The Cultural Anarchist vs. the Hollywood Police State

By extending copyright protection for an additional 20 years, the Bono act essentially functions as a dam, preventing any work from entering the public domain until 2019–an estimated 400,000 books, movies and songs. A handful of classics will remain available, in print or on CDs or DVDs. Everything else will quietly crumble–literally, in the case of the negatives of many films. And for what? Eldred wondered. Just to keep up Disney profit margins and enrich the heirs of Gershwin and Hemingway?
It was a blow against the Internet, too. A traditional library with physical books can stock and lend out whatever it wants, whether the volume is in copyright or not; an Internet library like Eldred’s is restricted to material in the public domain. ”Companies don’t want you to be able to get anything on the Internet for free,” Eldred says. ”They just want to sell you their own versions on pay-per-view.”
Annoyed and depressed by the Bono act, he contemplated civil disobedience–publishing works from 1923 and ’24 until he was arrested. He announced he was shutting down his site. He wrote letters. He fulminated. He became, in short, an activist, which is how Larry Lessig, then teaching at Harvard, heard about him, sought him out and filed a lawsuit on his behalf.

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How the DMCA, Eldred v. Ashcroft and the DOJ’s Investigation Fit Together

Here’s a nice piece by Brenda Sandburg
for Law.com that helped me to better understand the relationship between all the latest developments in Copyright Law (such as the DMCA), Copyright Regulations (such as all of the recent compulsory licensing proceedings), the Eldred vs. Ashcroft case that will soon go before the Supreme Court, and the recent investigations by the FTC and DOJ’s into whether our country’s IP policies conflict with our Antitrust laws.

Check out:
Under the Microscope.
(Thanks, Jon.)

Supreme Court To Hear Eldred Case

Holy cow! The Supreme Court is going to hear the Eldred vs. Ashcroft case!

This could put Mickey Mouse into the public domain, and remove the last round of Copyright Extension Law that went through in 1998. (Please excuse the gross oversimplification 🙂

Here are two great articles that came out today if you want to learn more about this:

Amy Harmon’s article in the NY Times:
Case Could Shift Balance in
Debate on Public Domain

Kendra Mayfield’s story in Wired News:
Setting Boundaries on Copyrights