November 11, 2020

Case opinion for US Supreme Court ELDRED v. ASHCROFT. Read the Court’s full decision on FindLaw. ELDRED V. ASHCROFT () U.S. () As respondent ( Attorney General Ashcroft) points out, however, these statutes were all temporary . ELDRED V. ASHCROFT () U.S. () F.3d , affirmed. Syllabus, Opinion [ Ginsburg ], Dissent [ Stevens ], Dissent [ Breyer ].

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FSF’s Brief Amicus Curiae, Eldred v. Ashcroft – GNU Project – Free Software Foundation

Nesson, and Jonathan V.ashcroft. It is limited so that its beneficiaries-the public-“will not be permanently deprived of the fruits of an artist’s labors. See Brief for George A. I have set forth the analysis upon which I rest these judgments. Ag SupplyU. As to the First Amendment, petitioners contend that the CTEA is a content-neutral regulation of speech that fails inspection.

Eldred v. Ashcroft :: U.S. () :: Justia US Supreme Court Center

Every subsequent v.ashcrroft of copyright’s duration, including the CTEA, reflects a similar understanding. Although the Copyright Clause grants broad legislative power to Congress, that grant has limits.

For anonymous works, pseudonymous works, and works made for hire, the term is 95 years from publication or years from creation, whichever expires first.

No counsel for either party had any role in authoring this brief, and no person other v.zshcroft the amicus and its counsel made any monetary contribution to its preparation and submission.

The majority believes these conclusions rest upon practical judgments that at most suggest the statute is unwise, not that it is unconstitutional. The CTEA, in contrast, does not oblige anyone to reproduce another’s speech against the carrier’s will. This analysis leads inexorably to the conclusion that the statute cannot be understood rationally to advance a constitutionally legitimate interest.

The Foundation is strongly interested in the use and development of copyright law to encourage sharing, and to protect the rights of users and the public domain. Although this truism may be illustrated in many ways, one of the best examples is Noah Webster[,] who supported his entire family from the earnings on his speller and grammar during the twenty years he took to complete his dictionary. Respondent seeks support from “Congress’s historical practice of using its Copyright and Patent Clause authority to extend the terms of individual patents and copyrights.


Brief for Respondent 9. I recognize that Congress has sometimes found that suppression of competition will help Americans sell abroad-though it has simultaneously taken care to protect American buyers from higher domestic prices. Congress expanded the federal copyright term to 42 years in 28 years from publication, renewable for an additional 14 yearsand to 56 years in 28 years from publication, renewable for an additional 28 years.

Eldred v. Ashcroft, 537 U.S. 186 (2003)

Extending an existing copyright without demanding additional consideration, petitioners maintain, bestows an unpaid-for benefit on copyright holders and their heirs, in violation of the quid pro quo requirement. Brief for Hal Roach Studios et al. Nobel prize winnersBrief for George A.

Mter all, a unanimous Court recently endorsed the precise analysis that the majority now seeks to characterize as “wishful thinking. Johnson, A Dictionary of the English Language 4th rev. And the extension before this Court implements a term of life plus 70 years that appears to conform with the European standard. V.asycroft retained eldree approach in subsequent statutes. And the statute ended up creating a term so long that were the vesting of 19th-century real property at issue it would typically violate the traditional rule against perpetuities.

The use of repeated interim extensions to achieve the effect of a perpetuity is not less dangerous than the single enactment that all parties concede would be unconstitutional. As an alternative to their various arguments that extending existing copyrights violates the Copyright Clause per se, petitioners urge heightened judicial review of such extensions to ensure that they appropriately pursue the purposes of the Clause.

I would hold the statute unconstitutional. The majority refers to “greater incentive for American and other authors to create and disseminate their work in the United States,” and cites a law review article suggesting a need to “‘avoid competitive disadvantages. Indeed, since the Act, copyright has run from creation, not publication. For present purposes, then, we should take the following as well established: The appeals court found nothing in the constitutional text or its history to suggest that “a term elfred years for a copyright is not a ‘limited Time’ if it may later be extended for another ‘limited Time.


But that strong presumption does not attach to congressional action inbecause no member of the Congress had been a delegate to the framing convention 44 years earlier. It does so by “motivat[ing] the creative activity of authors” through “the provision of a special v.ahscroft. We evaluate petitioners’ challenge to the constitutionality of the CTEA against the backdrop of Congress’ previous exercises of its authority under the Copyright Clause.

There is no le- gitimate, serious copyright-related justification for this statute. This position elded cannot be right.

Although Attorney General Wirt had urged the Court to endorse our present interpretation of the Clause, its implicit limitations were unsettled when the Copyright Act was passed. The Act v.ashcroftt patterned, in many ways, after the Statute of Anne enacted in England in The costs to the users of nonprofit databases, now numbering in the low millions, will multiply as the use of those computer-assisted databases becomes more prevalent.

The Historical Policy Embodied in the Copyright Clause is Absolutely Essential to Reconcile the Copyright Monopoly with the System of Free Expression As important as the principle of limited time is in the general restraint of the harms that flow from statutory monopolies, in the area of copyright it has an even more crucial purpose to serve.