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

Privacy is a human right: Data retention violates that right | @AmerQuarterly https://eff.org/r.irnm

Aug 29 @ 11:12am

Court buys government's shell game blocking Klayman case plaintiffs from challenging NSA spying: https://eff.org/r.8hi0

Aug 29 @ 9:25am

How China is strong-arming coders to abandon their open source projects: https://eff.org/r.wso1

Aug 28 @ 4:20pm
JavaScript license information