ELDRED V. ASHCROFT
537 U.S. 186 (2003)
NATURE OF THE CASE: Eldred (Ps), individuals and businesses, sued Ashcroft (D)
challenging the constitutionality of the Copyright Term Extension Act (CTEA) under the First
Amendment and the Copyright and Patent Clause (Copyright Clause), U.S. Const. art. I, 8,
cl. 8.
FACTS: In 1998, Congress enlarged the duration of copyrights by 20 years by the Copyright
Term Extension Act (CTEA). Congress provided for application of the enlarged terms to
existing and future copyrights alike. Under the CTEA, most copyrights now run from creation
until 70 years after the author's death. Ps are individuals and businesses whose products or
services build on copyrighted works that have gone into the public domain. Ps contend
Congress went awry, not with respect to newly created works, but in enlarging the term for
published works with existing copyrights. The 'limited Time' in effect when a copyright is
secured, Ps urge, becomes the constitutional boundary, a clear line beyond the power of
Congress to extend. The District Court entered judgment for D and held that CTEA does not
violate the 'limited Times' restriction of the Copyright Clause because the CTEA's terms,
though longer than the 1976 Act's terms, are still limited, not perpetual, and therefore fit
within Congress' discretion. The Court of Appeals for the District of Columbia Circuit
affirmed. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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