Wednesday, May 22, 2002

Scholars Rally Behind Online Publisher By ANDREA L. FOSTER Washington A diverse group of professors and academic groups filed briefs with the Supreme Court on Monday in support of Eric Eldred, an online publisher who is challenging the constitutionality of the Sonny Bono Copyright Term Extension Act. The briefs say the act gives copyright holders too much control over the dissemination of creative works, constraining the ability of scholars and teachers to discuss and study literature, art, and movies. In his lawsuit, Eldred v. Ashcroft, Mr. Eldred says the law fails to protect free expression guaranteed under the First Amendment, and also violates the original intent of copyright law. As written in Article I, Section 8 of the Constitution, the purpose of copyright is to "promote the progress of science and useful arts." The Copyright Term Extension Act safeguards the copyright of material for 70 years after its creator's death. Before the law was enacted in 1998, copyright was protected for 50 years after the creator's death. Among those who filed papers in support of Mr. Eldred were 53 professors who teach intellectual-property law, constitutional-law professors, historians, several library groups, 17 economists, and college technology and art groups. The prominent scholars supporting Mr. Eldred include Yochai Benkler, a professor at New York University School of Law; Jessica Litman, a law professor at Wayne State University who wrote Digital Copyright; and Milton Friedman, a Nobel Prize recipient who is a former economics professor at the University of Chicago. Groups supporting Mr. Eldred include the Association of Research Libraries, the Digital Future Coalition, the College Art Association, the National Humanities Alliance, and the Consortium of College and University Media Centers. The brief filed by library groups argues that the law "effectively prohibits non-copyright owners -- like librarians, curators, archivists, historians, and scholars -- from republishing and disseminating older works that may have no significant commercial value, but may be of strong historical or artistic interest." But supporters of the law say it harmonizes U.S. copyright law with Europe's, encourages creation of new works, and is an appropriate response to longer human lifespans. The Supreme Court has yet to schedule oral arguments in the case. But the arguments would be heard no sooner than October, when the court begins a new term. Two lower courts, most recently the U.S. Court of Appeals for the District of Columbia Circuit, ruled against Mr. Eldred. The Supreme Court's decision to hear the case surprised many legal experts, because the justices usually intercede only when lower courts disagree. Easy-to-print version E-mail this article

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