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Supreme Court Reviews Copyright Extension

Entertainment industry favors additional protection, ALA and free speech groups oppose it

Debra Lau -- School Library Journal, 4/1/2002

The U.S. Supreme Court has agreed to review a case challenging the 1998 Sonny Bono Copyright Term Extension Act, which extends existing copyright laws by 20 years.

The plaintiffs, comprised of a group of publishers and individuals, hope to overturn a February 2001 decision by the U.S. Circuit Court of Appeals for the District of Columbia, which ruled the law was constitutional and did not violate free speech under the First Amendment. The Bush administration had urged the Supreme Court to reject the appeal.

Under the new copyright rule, works created by individuals are protected for the life of their creators plus 70 years. Works created by "corporate authors" receive protection for 95 years. Disney led the campaign to extend provisions of the law because under the previous rule, the copyright on Mickey Mouse and other famous cartoon characters would have expired and lapsed into the public domain in 2003.

The motion picture and recording industries support the extension, while library groups, such as the American Library Association, and supporters of free speech oppose it.

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