Eldred v. Ashcroft: The U.S. Supreme Court Upholds Copyright Term Extension (2003)
Tuesday, 05 August 2003
At the beginning of this year, the Supreme Court upheld the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (the “CTEA” or “Act”), which extends the existing term of copyright protection for an additional 20-year period. The district court had earlier held that the 20-year extension, though longer than the term in the
- Published in Copyright Duration, CTEA, Eldred, European Union Harmonization, First Amendment, Intellectual Property Law, Public Domain, Rule of the Shorter Term, Sonny Bono Copyright Term Extension Act
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Ashcroft v. Free Speech Coalition: The U.S. Supreme Court Upholds the Legality of Virtual Child Pornography (2002)
Thursday, 05 September 2002
In a significant free speech decision, the U.S. Supreme Court earlier this year affirmed the holding of the U.S. Court of Appeals for the Ninth Circuit that two key provisions of The Child Pornography Prevention Act of 1996 (CPPA) are overbroad and, therefore, violate the First Amendment. The first provision would have criminalized “any visual
UCITA: Why Consumers Should Read The Fine Print (2002)
Wednesday, 05 June 2002
Fundamentally, the sale of goods differs from the license of information: when a good is sold, title passes and the buyer owns the item exclusively. Not so with content – the transactional framework is typically non-exclusive, the licensor retains a number of rights, and there are limitations to the uses a licensee can make of
Tasini: The Supreme Court’s Opinion (2001)
Monday, 05 March 2001
The Supreme Court last week affirmed the decision of the Second Circuit that, absent a written transfer of electronic rights from freelance writers, print publishers and aggregators (named parties included Lexis-Nexis [LN] and University Microfilm International [UMI]) are liable for copyright infringement for reproducing and distributing articles out of the context of the original collective
