ALAWON: American Library Association Washington Office Newsline
Volume 11, Number 11
February 22, 2002



Eldred v. Ashcroft - U.S. Supreme Court decides to hear appeal in challenge to constitutionality of Copyright Term Extension Act

The Supreme Court announced on February 19, 2002, that it has granted the petition for certiorari filed last fall in a case challenging the constitutionality of the Sonny Bono Copyright Term Extension Act.  The appeal asked the Court to agree to hear -and to overturn - a decision by the federal appeals court for the D. C. Circuit. In February, 2001, in a 2-1 decision, that court rejected the argument that the Sonny Bono Copyright Term Extension Act is unconstitutional, holding that retroactive term extensions are within Congress' authority under the Copyright Clause and that the 20-year term extensions did not violate the First Amendment. The Act extends copyright protection for an additional 20 years (for an ordinary work, that term is now "life of the author" plus 70 years).

On December 13, 2001, ALA and the other associations filed an amici curiae brief in support of the request that the U.S. Supreme Court exercise its discretion to take the case. The brief was submitted by ALA, American Association of Law Libraries, Association of Research Libraries, Digital Future Coalition, Medical Library Association, and Society of American Archivists.  http://www.ala.org/washoff/eldred.html

The case will present a great opportunity for libraries to explain our view on the importance of the public domain and the harm that flows from keeping works almost perpetually locked up.  Amicus curiae ("friend of the court") briefs in support of Mr. Eldred, the plaintiff who is challenging the law, will have to be filed by April 5.  The oral argument before the Supreme Court will not take place until next fall.  More about the case can be found on http://eon.law.harvard.edu/openlaw/eldredvashcroft/




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