Supreme Court Hears Copyright-Protection Case

The U.S. Supreme Court appeared skeptical of both sides of a copyright debate

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during oral arguments this month in the case of Eldred v. Ashcroft. The lawsuit challenges the constitutionality of the Sonny Bono Copyright Term Extension Act, which in 1998 added 20 years of copyright protection to creative works.

The act is supported by the entertainment industry, which wants to keep earning royalties from songs, movies, and books that otherwise would enter the public domain 75 years after companies acquire copyrights to the works. But library groups and a diverse array of scholars oppose the law, saying it deprives the public of access to literature, music, and films. The act lengthened copyright protection on most works to 70 years from 50 years after the creator's death.

The lead plaintiff in the case, Eric Eldred, republishes classic literature online. He asserts that the Copyright Term Extension Act prevents him from posting works that, because their creators are dead, no longer have any economic value to those individuals.

During oral arguments, the justices expressed concern that if they ruled that the 1998 extension was unconstitutional, then 10 previous decisions by Congress to lengthen the term of copyright protection might also be considered unconstitutional.

"Don't we run the risk of upsetting previous extensions?" Justice Sandra Day O'Connor asked Lawrence Lessig, a law professor at Stanford University, who represents Mr. Eldred.

The justices asked Solicitor General Theodore B. Olson, representing the Justice Department, whether authors had more incentive to publish because of an extra 20 years of copyright protection.

"Who are these people who are going to be moved by that incentive?" asked Justice Stephen G. Breyer.

Mr. Olson said the copyright clause of the Constitution leaves it up to Congress to decide the length of copyright protection.

The court is expected to issue a decision in the case by the end of June 2003.