The Copyright Term Extension Act (CTEA) of 1998 – alternatively known as the Sonny Bono Copyright Term Extension Act or pejoratively as the Mickey Mouse Protection Act – extended copyright terms in the United States by 20 years. Before the Act (under the Copyright Act of 1976), copyright would last for the life of the author plus 50 years, or 75 years for a work of corporate authorship; the Act extended these terms to life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever endpoint is earlier.[1] The Act also affected copyright terms for copyrighted works published prior to January 1, 1978, increasing their term of protection by 20 years as well. This effectively 'froze' the advancement date of the public domain in the United States for works covered by the older fixed term copyright rules. Under this Act, additional works made in 1923 or afterwards that were still copyrighted in 1998 will not enter the public domain until 2019 or afterwards (depending on the date of the product) unless the owner of the copyright releases them into the public domain prior to that or if the copyright gets extended again. Unlike copyright extension legislation in the European Union, the Sonny Bono Act did not revive copyrights that had already expired. The Act did extend the terms of protection set for works that were already copyrighted, and is retroactive in that sense. However, works created before January 1, 1978 but not published or registered for copyright until recently are addressed in a special section (17 U.S.C. § 303) and may remain protected until 2047. The Act became Public Law 105-298 on October 27, 1998. Salvatore Phillip Sonny Bono (February 16, 1935) – January 5, 1998) was an American record producer, singer, actor, and politician whose career spanned over three decades. ... It has been suggested that this article or section be merged with pejoration. ... Mickey Mouse is an Academy Award-winning comic animal cartoon character who has become an icon for The Walt Disney Company. ... United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. ... The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States. ... Not to be confused with copywriting. ... A work made for hire (sometimes abbreviated to work for hire) is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work. ... is the 1st day of the year in the Gregorian calendar. ... Year 1978 (MCMLXXVIII) was a common year starting on Sunday (link displays the 1978 Gregorian calendar). ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... 2019 (MMXIX) will be a common year starting on Tuesday of the Gregorian calendar. ... is the 1st day of the year in the Gregorian calendar. ... Year 1978 (MCMLXXVIII) was a common year starting on Sunday (link displays the 1978 Gregorian calendar). ... Title 17 of the United States Code outlines the role of copyrights in the United States Code. ... is the 300th day of the year (301st in leap years) in the Gregorian calendar. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ...

Background

Under the Berne Convention for the Protection of Literary and Artistic Works, the signatory states are required to provide copyright protection for a minimum term of the life of the author plus fifty years, but they are permitted to provide for a longer term of protection. Following the 1993 Directive on harmonising the term of copyright protection, member states of the European Union implemented protection for a term of the author's life plus seventy years. The United States did not become a Berne signatory until 1988, but had previously provided for the minimum copyright term the convention required in the Copyright Act of 1976. For the treaty establishing the General Postal Union, see Treaty of Bern. ... The Directive on harmonizing the term of copyright protection was a European Union (EU) copyright directive issued in 1993. ... The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States. ...

Prior to the 1976 copyright act, many copyrighted literary works, movies and fictional characters were soon to pass into the public domain due to their 56 year maximum copyright terms. Some of these copyrighted items remained quite profitable for their copyright owners, including several characters owned by the Walt Disney Company. With the passage of the 1976 copyright act, early animated short films featuring Mickey Mouse such as Steamboat Willie and Plane Crazy would not enter the public domain until 2000 at the earliest due to their new 75 year copyright terms. Mickey Mouse and other characters also have protection as trade marks. In several countries (e.g. in Russia, where the Berne convention was not applied retroactively) Mickey Mouse and all other copyrighted works created before 1970 are now regarded as being in the public domain. Old book bindings at the Merton College library. ... This article is about motion pictures. ... Alternate meanings: Disney (disambiguation) The Walt Disney Company (also known as Disney Enterprises, Inc. ... The bouncing ball animation (below) consists of these 6 frames. ... Short subject is an American film industry term that historically has referred to any film in the format of two reels, or approximately 20 minutes running time, or less. ... Mickey Mouse is an Academy Award-winning comic animal cartoon character who has become an icon for The Walt Disney Company. ... Steamboat Willie (1928) is an animated cartoon featuring Mickey Mouse released on November 18, 1928. ... Mickey and Minnie in Plane Crazy (1928) Plane Crazy (1928) (first released on May 15, 1928) was the first animated cartoon to feature Mickey Mouse as well as Minnie Mouse (Mickeys girlfriend). ... Mickey Mouse is an Academy Award-winning comic animal cartoon character who has become an icon for The Walt Disney Company. ... The Bass Red Triangle, was the first trademark registered in Britain in 1876. ... Mickey Mouse is an Academy Award-winning comic animal cartoon character who has become an icon for The Walt Disney Company. ...

After the United States' accession to the Berne convention, a number of copyright owners successfully lobbied the U.S. Congress for another extension of the term of copyright, to provide for the same term of protection that exists in Europe. The act was named after the late Congressman Sonny Bono, who died nine months before the act became law. Bono, who, as a songwriter and filmmaker had his own interests in advancing copyright terms, had favored increasing them even before his entry into politics as the mayor of Palm Springs, California. This article is about the political effort. ... Congress in Joint Session. ... For other uses, see Europe (disambiguation). ... Salvatore Phillip Sonny Bono (February 16, 1935) – January 5, 1998) was an American record producer, singer, actor, and politician whose career spanned over three decades. ...

Both houses of the United States Congress passed the act as Public Law 105-298 with a voice vote,^[1][2] making it impossible to determine who voted for or against. President Bill Clinton signed the Sonny Bono Copyright Term Extension Act of 1998 on October 27, 1998. A voice vote in a legislative body refers to a vote taken on a topic where the participants respond to a question with yea (yes), nay (no), or present (abstain). ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... is the 300th day of the year (301st in leap years) in the Gregorian calendar. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ...

Political climate

In addition to Disney (whose extensive lobbying efforts inspired the nickname "The Mickey Mouse Protection Act"), California congresswoman Mary Bono (Sonny Bono's widow and Congressional successor) and the estate of composer George Gershwin supported the act. Mary Bono, speaking on the floor of the United States House of Representatives, said: Alternate meanings: Disney (disambiguation) The Walt Disney Company (also known as Disney Enterprises, Inc. ... Mary Whitaker Bono (born Mary Whitaker on October 24, 1961)), an American politician, has been a Republican member of the United States House of Representatives since 1998, representing the 45th District of California (map) which includes most of central and eastern Riverside County. ... Salvatore Phillip Sonny Bono (February 16, 1935) – January 5, 1998) was an American record producer, singer, actor, and politician whose career spanned over three decades. ... “Gershwin” redirects here. ... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party...

Actually, Sonny wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. … As you know, there is also [Motion Picture Association of America president] Jack Valenti's proposal for term to last forever less one day. Perhaps the Committee may look at that next Congress.^[3] This article does not cite any references or sources. ... Jack Joseph Valenti (September 5, 1921 – April 26, 2007) was an influential corpse and a long-time president of the Motion Picture Association of America. ...

Senate Report 104-315

The Senate Report 104-315 gave the official reasons for passing copyright extension laws and was originally written in the context of the Copyright Term Extension Act of 1995, S. 483.

The purpose of the bill is to ensure adequate copyright protection for American works in foreign nations and the continued economic benefits of a healthy surplus balance of trade in the exploitation of copyrighted works. The bill accomplishes these goals by extending the current U.S. copyright term for an additional 20 years. Such an extension will provide significant trade benefits by substantially harmonizing U.S. copyright law to that of the European Union while ensuring fair compensation for American creators who deserve to benefit fully from the exploitation of their works. Moreover, by stimulating the creation of new works and providing enhanced economic incentives to preserve existing works, such an extension will enhance the long-term volume, vitality and accessibility of the public domain.

The authors of the report believed that extending copyright protection would help the United States by providing more protection for their works in foreign countries and by giving more incentive to digitize and preserve works since there was an exclusive right in them. The report also included minority opinions by Herb Kohl and Hank Brown, who believed that the term extensions were a financial windfall to current owners of copyrighted material at the expense of the public's use of the material. Herbert H. Kohl (born February 7, 1935) is an American politician and the senior senator from the state of Wisconsin. ... George Hanks (Hank) Brown (1940-) was a Republican politician and Senator from Colorado. ...

Support

Proponents of the Bono Act argue that it is necessary given that the life expectancy of humans has risen dramatically since Congress passed the original Copyright Act of 1790, that a difference in copyright terms between the United States and Europe would negatively affect the international operations of the entertainment industry, and that some works would be created under near-perpetual copyright that would never be created under time-limited copyright. They also claim that copyrighted works are an important income to the US and that mediums such as VHS, DVD, Cable and Satellite have increased the value and commercial life of movies and television series. World map of human life expectancy Life expectancy is a statistical measure of the average length of survival of a living thing. ... The Copyright Act of 1790 was the first Federal copyright act to be instituted in the United States, though most of the states had passed legislation protecting literary rights in the years immediately following the Revolution. ... The entertainment industry consists of a large number of sub-industries devoted to entertainment. ... Bottom view of VHS cassette with magnetic tape exposed Top view of VHS cassette with front casing removed The Video Home System, better known by its abbreviation VHS, is a recording and playing standard. ... Size comparison: A 12 cm Sony DVD+RW and a 19 cm Dixon Ticonderoga pencil. ... Coaxial cable is often used to transmit cable television into the house. ... For other uses, see Satellite (disambiguation). ...

Proponents contend that Congress has the power to pass whatever copyright term it wants because the language "To promote the progress of science and useful arts" in the United States Constitution is not a substantive limitation on the powers of Congress, leaving the sole restriction that copyrights must only last for "limited times." However, in what respect the granted time must be limited has never been determined, thus arguably even an absurdly long, yet finite, duration would still be a valid limited time according to the letter of the Constitution as long as Congress was ostensibly setting this limit to promote the progress of science and useful arts. This was one of the arguments that prevailed in the Eldred v. Ashcroft case, when the Supreme Court upheld the constitutionality of the CTEA. Eldred v. ...

Proponents believe that it is copyright, not the public domain, that encourages progress in the arts. With an extension of copyright, future artists have to create something original rather than reuse old work. Proponents contend that it is more important to encourage all creators to make new works instead of just one party: the copyright holder.

Another point made by proponents is that the extension did not prevent all works from going in the public domain. They note that the 1976 Copyright Act establishment that unpublished works created before 1978 will enter the public domain by 2003 remained unaffected by the 1998 extension. Year 1978 (MCMLXXVIII) was a common year starting on Sunday (link displays the 1978 Gregorian calendar). ...

Proponents reject the idea that only works in the public domain can provide artistic inspiration. They note that many copyrighted works have also had big influences. Examples include the fact that King Kong and the works of George Lucas did not need to be in the public domain to inspire Peter Jackson. The witty gags, and timing of Tex Avery cartoons still have influence on cartoonists today, even though most, if not all, of them are copyrighted. The works of rap artists such as Dr. Dre and Tupac Shakur have had influence on the rap community. The Godfather had and still has a major influence on gangster films and television shows. Many copyrighted works, including the above mentioned, have become a major part of popular culture and have been the subject of commentary and parody even without being in the public domain. Proponents point out that copyright only protects the artist's expression of his/her work and not the ideas, systems, or factual information conveyed in it and thus artists are free to get ideas from copyrighted works as long as they don't plagiarize. Works such as parody benefit from fair use. This is about the original movie and novel. ... George Walton Lucas, Jr. ... For other persons named Peter Jackson, see Peter Jackson (disambiguation). ... Frederick Bean Fred/Tex Avery (February 26, 1908 – August 26, 1980) was an American animator, cartoonist, and director, famous for producing animated cartoons during The Golden Age of Hollywood animation. ... Cartoonist Jack Elrod at work. ... This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ... Tupac Amaru Shakur (June 16, 1971 – September 13, 1996), also known by his stage names 2Pac, Makaveli, or simply as Pac, was an American artist renowned for his rap music, movie roles, poetry, and his social activism. ... This article is about the 1972 film. ... In contemporary usage, a parody (or lampoon) is a work that imitates another work in order to ridicule, ironically comment on, or poke some affectionate fun at the work itself, the subject of the work, the author or fictional voice of the parody, or another subject. ... Plagiarism refers to the use of anothers ideas, information, language, or writing, when done without proper acknowledgment of the original source. ... For fair use in trademark law, see Fair use (US trademark law). ...

Proponents also question the idea that extended copyright is "corporate welfare." Mark Twain once noted that when a work enters the public domain, the publisher is still able to profit from its exploitations and the creators are the only ones who cease to benefit from the work.^[4] Samuel Langhorne Clemens (November 30, 1835 – April 21, 1910),[1] better known by the pen name Mark Twain, was an American humorist, satirist, lecturer and writer. ...

Opposition

Opponents of the Bono Act consider the legislation to be little more than corporate welfare and have tried (but failed thus far) to have it declared unconstitutional, claiming that such an act is not "necessary and proper" to accomplishing the Constitution's stated purpose of "promot[ing] the progress of science and useful arts".[2] They argue that most works bring most of the profits during the first few years and are pushed off the market by the publishers thereafter. Thus there is little economic incentive in extending the terms of copyrights except for the few owners of franchises that are wildly successful, such as Disney. They also point out that the Tenth Amendment can be construed as placing limits on the powers that Congress can gain from a treaty. More directly, they see two successive terms of approximately 20 years each (the Copyright Act of 1976 and the Bono Act) as the beginning of a "slippery slope" toward a perpetual copyright term that nullifies the intended effect and violates the spirit of the "for limited times" language of the United States Constitution, Article I, section 8, clause 8. They question the proponents' life expectancy argument, pointing out that the copyright terms under the 1790 act lasted only 28 years total, that life expectancies have not risen threefold since 1790 (ignoring infant mortality, they have increased barely ten years), and that even though terms of patents have not been extended in parallel, patents adequately reward investment in the field with their mere 20-year term. Corporate welfare is a pejorative term, first coined by Ralph Nader in 1956, describing a governments bestowal of grants and/or tax breaks on corporations or other special favorable treatment from the government. ... It has been suggested that this article or section be merged into constitutionality. ... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, states: The Tenth Amendment is generally recognized to be a truism. ... The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States. ... Article One of the United States Constitution establishes the legislative branch of government, Congress, which includes the House of Representatives and the Senate. ... is the death of infants in the first year of life. ... For other uses, see Patent (disambiguation). ...

Another argument against the Bono Act is an "offshore production" argument: that, for example, derivative works could be created outside the United States in areas where copyright would have expired, such works advancing science or the useful arts, and that US law would prohibit these works to US residents. A movie of Mickey Mouse playing with a computer (à la Sorcerer's Apprentice) could be legally created in Russia and children worldwide could possibly benefit from watching it, but the movie would be refused admission for importation by US Customs because of copyright, resulting in a deprivation to American children. The Sorcerers Apprentice is the English name of both an 1897 symphonic poem by Paul Dukas (Lapprenti sorcier in French), and of a 1797 ballad by Goethe (Der Zauberlehrling in German), which inspired the musical work. ...

Little notice has been paid to another aspect of extension of copyright terms: loss of productive value of private collections of copyrighted works. A person who had collected copyrighted works which would soon be "going out of copyright", with the intention of re-releasing these works upon expiration of copyright, lost the use of his capital expenditures for an additional 20 years when the Bono Act was passed. This is part of the underlying argument in Eldred v. Ashcroft.^[5] The Bono Act is thus perceived to add an instability to commerce and investment, areas which have a much better legal theoretical basis than intellectual property, whose theory is of quite recent development and is often criticized as being a corporate chimera. Conceivably, if one had made such an investment and then produced a derivative work (or perhaps even re-released the work in ipse), he could counter a suit made by the copyright holder by declaring that Congress had unconstitutionally made, ex post facto, a restriction on the previously unrestricted. Eldred v. ... An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i. ...

Opponents also question the proponents' "new works would not be created" argument by pointing out proponents' hidden presumption that the goal is to make the creation of new works possible, whereas the authors of the United States Constitution evidently thought that unnecessary and explicitly restricted the goal to merely "promot[ing] the progress of science and useful arts". In fact, some works created under time-limited copyright would not be created under perpetual copyright because the creator of a distantly derivative work does not have the money and resources to find the owner of copyright in the original work and purchase a license, or the individual or privately held owner of copyright in the original work might refuse to license a use at any price (though a refusal to license may trigger a fair use safety valve). Thus they argue that a rich, continually replenished, public domain is necessary for continued artistic creation.

For example, the works of English playwright and poet William Shakespeare and the Greek myths have been the basis for much of Neil Gaiman's writing, which might well not have been created if the original works were still under copyright. Recent works that have entered the popular culture, and for which copyright is arguably not appropriate, include the novels that created Frankenstein and Dracula, both originating in the 19th century (However the characters themselves could not be copyrighted only trademarked). Most of the holy writings of major religions are also in the public domain, which allows them to be adapted, translated, paraphrased and otherwise made suitable to modern audiences. If the Roman Catholic Church had a perpetual copyright on the letters of the Apostle Paul, the four Gospels, the Book of Revelation and the letters of James, Peter, John, Jude and the anonymous author of the Book of Hebrews, it could have refused to license them for translation, or for use by other churches. In addittion, Disney's most famous feature movies have themselves been derivatives of public domain works. In fact, Felix Salten, original author of Bambi, never received compensation; long after his death, Disney in court argued that that book, too, was in the public domain.^[6] Wikipedia does not yet have an article with this exact name. ... Neil Richard Gaiman () (born November 10, 1960) is an English author of science fiction and fantasy short stories and novels, graphic novels, comics, and films. ... This article is about the literary concept. ... This article is about the 1818 novel. ... This article is about the novel. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... “Catholic Church” redirects here. ... Paul of Tarsus (b. ... Felix Salten (September 6, 1869 – October 8, 1945) was an Austrian writer. ... Bambi is a 1942 animated feature produced by Walt Disney and originally released to theatres by RKO Radio Pictures on August 13, 1942. ...

Challenges

Publishers and librarians, among others, brought Eldred v. Ashcroft to obtain an injunction on enforcement of the act. Oral arguments were heard by the U.S. Supreme Court on October 9, 2002, and on January 15, 2003 the court held the CTEA constitutional by a 7-2 decision. The plaintiffs in the Eldred case have as of 2003 begun to shift their effort toward the U.S. Congress in support of a bill called the Public Domain Enhancement Act that would make the provisions of the Bono Act apply only to copyrights that had been registered with the Library of Congress. Eldred v. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... is the 282nd day of the year (283rd in leap years) in the Gregorian calendar. ... Also see: 2002 (number). ... is the 15th day of the year in the Gregorian calendar. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... 2003 is a common year starting on Wednesday of the Gregorian calendar, and also: The International Year of Freshwater The European Disability Year Events January events January 1 Luíz Inácio Lula Da Silva becomes the 37th President of Brazil. ... The Public Domain Enhancement Act (PDEA) (House Bill 2601 for the United States 108th Congress, reintroduced as House Bill 2408 for the 109th Congress) is a bill pending in the United States Congress which, if passed, would add a tax for copyrighted works to retain their copyright status. ... Construction of the Thomas Jefferson Building, from July 8, 1888 to May 15, 1894. ...

See also

• Anti-copyright
• Copyright
• Copyleft
• Digital Millennium Copyright Act
• Ex post facto law
• Intellectual property
• MPAA
• RIAA
• Software copyright
• United States copyright law

Anti-copyright refers to the opposition to copyright laws. ... Not to be confused with copywriting. ... The reversed c in a full circle is the copyleft symbol. ... The Digital Millennium Copyright Act (DMCA) is a United States copyright law which implements two 1996 WIPO treaties. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... For the 2006 film, see Intellectual Property (film). ... The Motion Picture Association of America (MPAA) is a non-profit trade association formed to advance the interests of movie studios. ... The RIAA Logo. ... Software copyright, the relatively recent extension of copyright law to machine-readable software, has allowed a market for proprietary software to flourish for some time. ... United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. ...

References

External links

• "Sonny Bono Copyright Term Extension Act" on Wikisource.

Image File history File links Wikisource-logo. ... The original Wikisource logo. ...

Summary of copyright protection rules

• Cornell Univ. Copyright Protection Chart

Documentation from the United States government

• S.505: Sonny Bono Copyright Term Extension Act
• Senate Report No. 104-315
• Public Law 105-298
• Transcript of oral arguments in Eldred vs. Ashrcroft -(pdf)

Views of proponents

• Copyright Extension.com
• Mythology of the public domain: Exploring the myths behind attacks on the duration of copyright by Scott Martin
• The National Music Publishers' Association, Inc
• The American Society of Composers, Authors and Publishers
• Senator Orrin Hatch's Statement Before Congress
• Senator Patrick Leahy's Statement Before Congress
• Senator Dianne Feinstein's Statement before Congress
• Excerpts of Bruce A Lehman’s statement before Congress
• Excerpts from Jack Valenti’s statement before Congress

Views of opponents

• The Eric Eldred Act
• Sonny Bono Copyright Extension Act opposition by Damian Yerrick.
• Let the Stories Go by Lawrence Lessig, April 30, 2001 (NY Times restricted access but full content of Let the Stories Go, unrestricted access available as well)
• Litman Decries Overbroad Copyright Protection and Mouse Trapped by Mike Godwin
• Discussion on Elvis Copyrights expiring in the UK
• Article in Findlaw's Writ by Chris Sprigman
• coverage of opposition by attorney Lawrence Lessig
• DIGITAL COPYRIGHT by Jessica Litman
• Opposing Copyright Extension
• Thomas Maucalay on Copyright Law. Maucalay understood the possible dangers when a battle to extend copyright on literature was being fought in 1841. Macaulay saw no public benefit from a monopoly.
• "Melancholy Elephants", from the Baen Books Free Library – a cautionary story by Spider Robinson. He later backed away from that position (while noting the irony) in a column collected in his 2004 The Crazy Years
• Quotation from Marybeth Peters