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| | Eldred v. Ashcroft - Wikipedia, the free encyclopedia |
 | | Ashcroft, 537 U.S.) was a case heard before the Supreme Court of the United States, challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA). | | | The original complaint was filed in the United States District Court for the District of Columbia on January 11, 1999. | | | Lessig refocused the Plaintiffs' brief to emphasize the Copyright clause restriction, as well as the First Amendment argument from the Appeals case. |
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http://en.wikipedia.org/wiki/Eldred_v._Reno
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| | Eldred v. Ashcroft (2003) |
| | This sweat-of-the-brow view of copyright, however, was emphatically rejected by this Court in 1834 in Wheaton v. | | | The appeals court recognized that this Court has been similarly deferential to the judgment of Congress in the realm of copyright. | | | Verplanck (rejecting the idea that [**798] copyright involved "an implied contract existing between an author and the public" for "there was no contract; the work of an author was the result of his own labor" and copyright was "merely a legal provision for the protection of a natural right")). |
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http://faculty.maxwell.syr.edu/tmkeck/Cases/EldredvAshcroft2003.htm
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| | FindLaw's Writ - Sprigman: The Mouse That Ate The Public Domain |
| | Eldred argues that the CTEA is unconstitutional on two grounds: first, because the statute exceeds Congress's power under the Copyright Clause; and, second, because the statute runs afoul of the First Amendment by substantially burdening speech without advancing any important governmental interest. | | | Eldred lost before the district court and the D.C. Circuit. | | | Ashcroft, a case that will test the limits of Congress's power to extend the term of copyrights. |
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http://writ.news.findlaw.com/commentary/20020305_sprigman.html
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| | The Chronicle: Daily news: 02/20/2002 -- 02 |
| | Ashcroft, concerns the constitutionality of the Sonny Bono Copyright Term Extension Act of 1998, which protects the copyright of material for 70 years after its author's death. | | | Eldred, said the U.S. Constitution allows Congress to protect copyright for a "limited" period of time. | | | But he said that, with the Copyright Term Extension Act, Congress is aiming for unlimited protection by retroactively extending copyright for materials already published. |
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http://chronicle.com/free/2002/02/2002022002t.htm
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| | TechNews.com |
| | The Eldred case was originally filed under the Clinton administration but is now designated at Eldred v. | | | The government and entertainment industry argument: The Constitution allows copyrights for a "limited" period and does not preclude Congress from extending the terms of existing copyrights. | | | The Eldred argument: Online publisher Eric Eldred and Stanford University professor Lawrence Lessig think that Congress violated the Constitution when it passed laws that let copyright owners renew the ownership rights to their works. |
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http://washingtonpost.com/wp-srv/technology/articles/eldredprimer_100902.htm
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| | Wired News: Court Deaf to Public-Domain Pleas |
| | Plaintiffs had hoped to convince the court that the Copyright Term Extension Act of 1998 violated the Constitution's copyright clause, which allows granting of copyrights only for a "limited time." Congress' ability to infinitely extend copyright, they argued, effectively makes copyrights permanent and erodes fair-use rights under the First Amendment. | | | Ashcroft gives Congress free reign to hand out copyright extensions as long as media companies are around to lobby for them -- all while rejecting most arguments brought by the plaintiffs to the contrary. | | | But media companies, which faced the prospect of losing control of early copyrighted works featuring iconic characters such as Mickey Mouse, had argued that they needed the extension to compete globally, exploit new technologies not envisioned when Congress last set copyright terms in 1976 and maintain incentives to restore old works. |
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http://www.wired.com/news/politics/0,1283,57237,00.html
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| | Eldred v. Ashcroft legal document archive |
| | Plaintiffs File Petition for Certiorari to Supreme Court, October 11, 2001 (PDF) - Eric Eldred and fellow plaintiffs asked the Supreme Court to hear arguments in the case and to rule that the First Amendment requires greater constitutional scrutiny of copyright law. | | | On June 6, the Eagle Forum filed this amicus brief in support of Eric Eldred and Copyright's Commons. | | | Appellants' Opening Brief - On May 22, 2000, Copyright's Commons joined Eric Eldred in filing this brief to appeal the District Court's decision against us. |
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http://cyber.law.harvard.edu/openlaw/eldredvashcroft/legal.html
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| | Stanford Law School: Eldred v. Ashcroft |
| | Professor Lawrence Lessig represented Eldred in the case. | | | Ashcroft: It's been called the most important copyright case of our time. | | | Disney, The Copyright Term Extension Act, And Eldred V. Ashcroft |
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http://www.law.stanford.edu/library/biblio/eldredvashcroft.html
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| | Slashdot Eldred v. Ashcroft Oral Arguments |
| | Ashcroft case challenging the most recent 20-year retroactive extension of copyright terms. | | | The reason that the defendant was Reno (and is now Ashcroft) is because as United States Attorney General, (s)he is the one who is (presumably) responsible for making sure that the law(s) in question will be enforced. | | | Ashcroft saying that the copyright law extensions are now really too long to be sensible. |
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http://yro.slashdot.org/yro/02/10/09/1640249.shtml?tid=123
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| | FSF's Brief Amicus Curiae, Eldred v. Ashcroft |
| | The constitutional importance of the ``limited Times'' restriction cannot be vitiated, as the Court of Appeals' reasoning would do, by affording Congress the opportunity to create perpetuities on the installment plan, any more than Congress can eliminate the constitutional requirement of originality. | | | This by no means implies, as the Court of Appeals somehow concluded, that Harper and Row stands as an ``insuperable'' bar to all First Amendment challenges to all subsequent copyright statutes. | | | According to the Court of Appeals, however, the principle of originality emerges solely from the words ``Writing'' and ``Author,'' taking not the slightest support from the declaration of purpose that begins the Copyright Clause. |
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http://www.gnu.org/philosophy/eldred-amicus.html
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| | ALA Copyright Court Cases |
| | Tasini, in which the Supreme Court affirmed the copyright privileges of freelance writers whose works were originally published in newspapers and periodicals and then licensed by the publishers to commercial electronic databases. | | | The case may now be appealed to the U.S. Supreme Court. | | | ALA and the other major library associations again registered their support of an Internet Service Provider (ISP) resisting efforts by the Recording Industry Association of America (RIAA) to obtain the identities of ISP users that the RIAA alleges are infringing copyright. |
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http://ala.org/Template.cfm?Section=copyrightcases&Template=/...
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| | Eric Eldred v. John D. Ashcroft |
| | Supreme Court of the United States, Eric Eldred v. | | | Ruling, January 15 2003: Opinion of the Court |
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http://www.thinkinglinks.info/converted_legal_docs/eldred/eldred_TOC.html
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| | On Lisa Rein's Radar: Eldred vs. Ashcroft Archives |
| | Last October, I camped out in front of the Supreme Court in order to witness the Eldred Argument. | | | We lost, and now, if copyright law stays the way it is right now, nothing is going to go into the public domain for at least 18 years. | | | The lead plaintiff is Eric Eldred, a 59-year-old computer administrator who put up a Web site where people can download versions of books whose copyrights have expired. |
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http://www.onlisareinsradar.com/archives/eldred_vs_ashcroft/index.php
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| | Eldred v. Ashcroft |
| | Eldred may become the most important copyright case to be heard by the Court in several decades." The decision..., Eldred v. | | | Ashcroft, on which the United States Supreme Court will hear oral argument in its October 2002 term. | | | Ashcroft Government Response Brief: http://eldred.cc/legal/01-618.Eldred3.mer.pdf * Loyola of Los Angeles Law Review Symposium Intellectual Property, Congressional Power and the Constitution http://llr.lls.edu/ "This symposium, edited by Professor Lawrence B. Solum, presents a variety of perspectives on Eldred v. |
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http://www.library.yale.edu/~llicense/ListArchives/0208/msg00035.html
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| | Openlaw: Eldred v. Ashcroft |
| | When the Sonny Bono Copyright Term Extension Act added 20 years to existing and future copyrights, Eric Eldred and other commercial and non-commercial users of public domain works sued. | | | Congress has extended copyright terms eleven times in the last 40 years, each time further distorting the balance between private incentive and enrichment of the public domain. | | | LawMeme reports on Yale Moot Court's Eldred v. |
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http://cyber.law.harvard.edu/openlaw/eldredvashcroft
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| | Eldred v. Ashcroft |
| | Eric Eldred is the lead plaintiff on the case (for other plaintiffs, click here), and on May 20, 2002, opening briefs were filed in the Supreme Court. | | | This site collects material related to the constitutional challenge of the Sonny Bono Copyright Term Extension Act, which extended by 20 years both existing copyrights and future copyrights. | | | June 03, 2003 - The decision in Eldred v. |
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http://eldred.cc/eldredvashcroft.html
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| | LWN: Eldred v. Ashcroft |
| | Ashcroft is a web site which is following an important ongoing court case. | | | For those of you who wish to keep up on the latest copyright issues, Eldred v. | | | The Grumpy Editor's Guide to Personal Finance Managers, Part 2 |
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http://lwn.net/Articles/12881
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| | Eldred v. Ashcroft |
| | But the district court upheld the CTEA, and plaintiffs appealed. | | | The repeated extension in copyright duration for Disney and others is not "limited" in a meaningful sense, nor does it promote "progress" to extend protection of works created as long ago as 1925. | | | Many small publishers challenged the CTEA in Eldred v. |
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http://www.aapsonline.org/judicial/eldredan.htm
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| | Oyez and Creative Commons |
| | For more information about this case, please visit the Eldred v. | | | In addition to this audio, Professor Lessig has granted the Oyez project permission to redistribute an MPEG4 video of his presentation on copyright to the Clio Society on April 24, 2003. | | | This audio is available as a streaming SMIL presentation with time-synced text transcripts and speaker images, and the audio is available in MP3 format under the Creative Commons Attribution-NonCommercial-ShareAlike license. |
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http://www.oyez.org/creativecommons
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| | Eldred v Ashcroft |
| | I am incredibly disappointed that the Supreme Court did not fix what is manifestly a bad law, one that is clearly not in the best interests of the people: The Sonny Bono Copyright Term Extension Act. | | | Home : Xarg blog : Eldred v Ashcroft |
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http://xarg.net/blog/one-entry?entry_id=20008
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| | Eldred v. Ashcroft References |
| | Supreme Court Upholds Copyright Extensions, CNN (January 2003) | | | Supreme Court Protects US Copyrights, BBC (January 2003) | | | Ashcroft: Looking for the Bright Side, Jurist- University of Pittsburgh School of Law (January 2003) |
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http://straylight.law.cornell.edu/supct/background/01-618_ref.htm
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| | Loyola Law School, Los Angeles - Law Review |
| | Recent issues of the Law Review have included articles on ICANN, Eldred v. | | | Ashcroft, firearms ammunition and products liability, California's "three strikes" law, the Americans with Disability Act, and trial jury reform. | | | The Loyola of Los Angeles Law Review is a journal of distinction devoted to the advancement of legal scholarship. |
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http://llr.lls.edu
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| | Eldred v. Ashcroft |
| | Is a law that extends the term of existing and future copyrights ”categorically immune from challenge[] under the First Amendment”? | | | Duke Law >> Centers & Programs >> Program in Public Law >> Supreme Court Online >> Certiorari Grants >> 2002-2003 Term >> Eldred v. | | | Petitioners are a group of corporations, associations, and individuals whose businesses rely upon works that have entered the public domain after their copyright expired. |
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http://law.duke.edu/publiclaw/supremecourtonline/certgrants/2002/eldvash.html
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| | BW Online September 27, 2002 A Case to Define the Digital Age |
| | It's a challenge to the controversial 1998 Sonny Bono Copyright Term Extension Act (CTEA), which lengthened copyright terms by 20 years, stretching them to 70 years after an artist's death. | | | In theory, that could all change on Oct. 9, when the U.S. Supreme Court will hear the case of Eldred v. | | | Eric Eldred, the lead plaintiff in the case, is a New Hampshire computer administrator who posted public-domain books online for high school students. |
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http://www.businessweek.com/technology/content/sep2002/tc20020927_7367.htm
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| | LawMeme |
| | Many of the legal claims in this case were settled by a consent decree, but there are still important legal questions yet to be resolved. | | | This case follows in the wake of Lexmark Int'l v. | | | Static Control Components, 387 F.3d 522 (6th Cir. |
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http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=393
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| | Stanford Copyright & Fair Use - Case Laws |
| | Acuff-Rose, 510 U.S. Community for Creative Non-Violence v. | | | Aiken, 422 U.S. West Virginia Univ. Hosps., Inc. v. | | | Rural Telephone Service Co., 499 U.S. First Comics, Inc. v. |
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http://fairuse.stanford.edu/primary_materials/cases
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