The New York Times The New York Times Business January 16, 2003  

Home
Job Market
Real Estate
Automobiles
News
International
National
Washington
Business
- Media & Advertising
- World Business
- Your Money
- Markets
- Company Research
- Mutual Funds
- Stock Portfolio
- Columns
Technology
Science
Health
Sports
New York Region
Education
Weather
Obituaries
NYT Front Page
Corrections
Opinion
Editorials/Op-Ed
Readers' Opinions


Features
Arts
Books
Movies
Travel
Dining & Wine
Home & Garden
Fashion & Style
Crossword/Games
Cartoons
Magazine
Week in Review
Multimedia/Photos
College
Learning Network
Services
Archive
Classifieds
Book a Trip
Personals
Theater Tickets
NYT Store
NYT Mobile
E-Cards & More
About NYTDigital
Jobs at NYTDigital
Online Media Kit
Our Advertisers
Member_Center
Your Profile
E-Mail Preferences
News Tracker
Premium Account
Site Help
Privacy Policy
Newspaper
Home Delivery
Customer Service
Electronic Edition
Media Kit
Community Affairs
Text Version

25 COMMISSION-FREE TRADES Join Ameritrade today!


Go to Advanced Search/Archive Go to Advanced Search/Archive Symbol Lookup
Search Optionsdivide
go to Member Center Log Out
  Welcome, cloud_reader

20-Year Extension of Existing Copyrights Is Upheld

By LINDA GREENHOUSE

WASHINGTON, Jan. 15 — The Supreme Court today upheld the 20-year extension that Congress granted to all existing copyrights in 1998, declaring that while the extension might have been bad policy, it fell clearly within Congress's constitutional authority.

The 7-to-2 decision came in the court's most closely watched intellectual property case in years, one with financial implications in the billions of dollars. A major victory for the Hollywood studios and other big corporate copyright holders that had lobbied strenuously for the extension, the ruling had the effect of keeping the original Mickey Mouse as well as other icons of mid-century American culture from slipping into the public domain.

Justice Ruth Bader Ginsburg's majority opinion methodically dissected and rejected the arguments that a coalition of Internet publishers and other users of noncopyrighted material had marshaled against the Copyright Term Extension Act. The dissenters were Justices John Paul Stevens and Stephen G. Breyer.

The named plaintiff in the case was Eric Eldred, who wanted to publish some Robert Frost poems. Other plaintiffs included a church choir director; an orchestral sheet music company; a company that restores old films; and Dover Publications, a publisher of books that have passed into the public domain.

Organized by a Stanford Law School professor, Lawrence Lessig, who argued the case before the court in October, the plaintiffs did not attack the duration Congress chose for new copyrights: the life of the creator plus 70 years for individual works and 95 years from publication for copyrights held by corporations.

Rather, they argued that retroactive application of the 20-year extension to existing copyrights was a giveaway that violated the sense if not the literal words of the Constitution's grant to Congress of authority to "promote the progress of science" by issuing copyrights for "limited times." Extending existing copyrights would not promote new creativity, the plaintiffs argued, and a duration that is virtually perpetual in effect violates the meaning of "limited times."

But Justice Ginsburg said that history refuted the plaintiffs' argument. Going back two centuries, she noted that every time that Congress extended the duration of copyrights, which began with a 14-year renewable term in 1790, it granted the new terms to existing copyrights as well as to new works. This practice reflected a Congressional judgment that all copyright holders should be "governed evenhandedly under the same regime," Justice Ginsburg said.

In any event, she said, "the wisdom of Congress's action, however, is not within our province to second- guess" because the Constitution itself gave Congress broad discretion and the court only a very limited role in the area of intellectual property.

"As we read the framers' instruction, the copyright clause empowers Congress to determine the intellectual property regimes that, over all, in that body's judgment, will serve the ends of the clause," she said, adding, "We are not at liberty to second-guess Congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be."

Paying something of a back-handed compliment to the plaintiffs, Justice Ginsburg said that "beneath the facade of their inventive constitutional interpretation" they were basically arguing that "Congress pursued very bad policy."

Justice Breyer spent much of a 29-page dissenting opinion explaining how bad, in his view, the policy was. The extension's "practical effect is not to promote, but to inhibit, the progress of `science' — by which word the framers meant learning or knowledge," he said. And while the Constitution speaks of a grant of copyright to "authors," he continued, the effect of the extension "is to grant the extended term not to authors, but to their heirs, estates or corporate successors."

Noting that the majority appeared to find the statute at worst unwise, but not unconstitutional, he said: "Legal distinctions, however, are often matters of degree, and in this case the failings of degree are so serious that they amount to failings of constitutional kind." He added, "I cannot find any constitutionally legitimate, copyright-related way in which the statute will benefit the public."

Continued
1 | 2 | Next>>




Challenge in Copyright Case May Be Just a Beginning  (October 14, 2002)  $

Excerpts From Arguments in Copyright Case  (October 10, 2002)  $

Justices Hear Arguments On Extension Of Copyrights  (October 10, 2002)  $

Crucial Issues Wait in Wings For the Justices  (October 7, 2002)  $

Find more results for Copyrights and Supreme Court .



Doing research? Search the archive for more than 500,000 articles:




E-Mail This Article
Printer-Friendly Format
Most E-Mailed Articles
Reprints
Single-Page View

Click Here to Receive 50% Off Home Delivery of The New York Times Newspaper.


Home | Back to Business | Search | Corrections | Help | Back to Top


Copyright 2003 The New York Times Company | Permissions | Privacy Policy
E-Mail This Article
Printer-Friendly Format
Most E-Mailed Articles
Reprints
Single-Page View



Recent Articles

Text: Supreme Court Opinion (Eldred v. Ashcroft)


News Analysis: A Corporate Victory, but One That Raises Public Consciousness (January 16, 2003)



Topics

 Alerts
Copyrights
Supreme Court
Motion Picture Association of America
Create Your Own | Manage Alerts
Take a Tour
Sign Up for Newsletters











Spotlight on...

Westchester Homes
Scarsdale, Ardsley, more...

Active Adult Homes
Retirement communities...


Search Other Areas