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The Filter, No. Filter Flash--Supreme Court to Hear Eldred CopyrightCase (fwd)



Dear Filter readers,

  We're writing to inform you about a breaking development
  in Eldred v. Ashcroft, a constitutional challenge to
  Congress's expansion of copyright.
<...>

  *****

  The US Supreme Court announced today that it has granted
  certiorari in Eldred v. Ashcroft, a case challenging
  the constitutionality of the Sonny Bono Copyright Term
  Extension Act (CTEA). At issue in the case is whether there
  are constitutional limits to Congress's power to extend the
  term of copyright.

  Since 1960, Congress has extended the term of copyright
  no fewer than 11 times. The CTEA extended the term of
  copyright by another 20 years, to 95 years; it also extended
  the lengths of protection for the works of individuals from
  life plus 50 years to life plus 70 years, and extended the
  protection for works made by corporations to a total of 95
  years.

  The Supreme Court's acceptance of the case means that at
  least four members believe the CTEA raises important
  constitutional questions. A date for oral arguments has
  not yet been set.

  Among those fighting the CTEA on behalf of Eric Eldred
  are Stanford law professor Lawrence Lessig, Berkman
  Center Director Charles Nesson, and Berkman Center
  Faculty Co-Director Jonathan Zittrain.

  For this morning's coverage in The New York Times, see
  <http://www.nytimes.com/2002/02/19/national/19WIRE-SCOTUS.html>
  (registration required).

  For an American Lawyer article on the case, see
  <http://www.law.com/cgi-bin/nwlink.cgi?ACG=ZZZOXW60FXC>.

  For a recent New Yorker piece, see
  <http://www.newyorker.com/talk/content/?020121ta_talk_surowiecki>.

  And for a complete archive of arguments made and briefs filed,
  visit <http://eon.law.harvard.edu/openlaw/eldredvashcroft/>.

  *****


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