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

The British are coming! One, if by land, two, if by a mandated backdoor in end-to-end crypto. https://eff.org/r.xwry

May 28 @ 2:40pm

EFF strongly objects to the US proposed Wassenaar implementation. We're drafting comments and you should too! https://eff.org/r.sg5g

May 28 @ 12:21pm

There's just 3 days, 9 hours, and 45 minutes until Section 215 of the Patriot Act sunsets. Time to call Congress: https://eff.org/r.88yz 

May 28 @ 11:14am
JavaScript license information