March 22, 2004 | By Donna Wentworth

"Eldred" III

First there was Eldred v. Ashcroft, in which Internet publisher Eric Eldred challenged Congress's power to extend the term of copyright seemingly ad infinitum--and failed. Then there was Golan v. Ashcroft, in which music conductor Lawrence Golan continues to fight Congress's "restoration" of copyrights to works that have passed into the public domain.

Now there's Kahle v. Ashcroft, in which two archives--Brewster Kahle's Internet Archive and the Prelinger Film Archive--have launched a challenge arguing that the Berne Convention Implementation Act (BCIA) and the Sonny Bono Copyright Term Extension Act (CTEA) together create an "effectively perpetual" copyright term with respect to works first published after January 1, 1964 and before January 1, 1978, thereby violating the Constitution's Progress Clause.

"This case is about freeing culture from unnecessary and harmful regulation," says Chris Sprigman, CIS fellow and lead plaintiff attorney in the case. "We will focus on a series of recent changes to copyright law that have failed to benefit copyright owners, but have instead created serious burdens on those who create digital culture."

Complaint here [PDF]; FAQ here.


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

TISA negotiators may be backing away from absolute bans on rules requiring disclosure of software source code. https://www.eff.org/deeplinks...

May 26 @ 4:33pm

Heads up Internet: It's time to kill another dangerous CFAA bill. https://www.eff.org/deeplinks...

May 26 @ 4:20pm

What's happening with digital rights in the Arab world? Find out in the latest @MuwatenRaqamy. https://www.digcit.org/2016/0...

May 26 @ 3:50pm
JavaScript license information