Copyright Term Extension Act

Copyright Term Extension Act
Shorttitle	Copyright Term Extension Act
Othershorttitles	Sonny Bono Copyright Term Extension Act
Colloquialacronym	CTEA
Enacted by	105th
Effective date	October 27, 1998
Cite public law	105-298
Acts amended	Copyright Act of 1976
Title amended	17 (Copyright)
Introducedin	House
Introducedby	Howard Coble (R–NC)
Introduceddate	July 10, 1997
Committees	House Judiciary
Passedbody1	House
Passeddate1	March 25, 1998
Passedvote1	Yeas: 286; Nays: 122
Passedbody2	Senate
Passeddate2	October 7, 1998
Passedvote2	Voice vote
Signedpresident	Bill Clinton
Signeddate	October 27, 1998

Copyright Term Extension Act. The Copyright Term Extension Act is a major piece of United States copyright law that extended the duration of copyright protection by 20 years. Enacted in 1998, it is often referred to as the Sonny Bono Copyright Term Extension Act, honoring the late entertainer and Congressman. The law significantly delayed the entry of works into the public domain in the United States.

Background and legislative history

The push for extending copyright terms gained momentum in the late 20th century, influenced by similar actions in the European Union. Key proponents included major copyright holders like The Walt Disney Company, which sought to protect early characters like Mickey Mouse from imminent expiration. Legislation was championed in Congress by figures such as Sonny Bono and later Mary Bono, following his death, and Howard Coble. The bill moved through the House Judiciary Committee and was signed into law by President Bill Clinton in October 1998, amending the foundational Copyright Act of 1976.

Provisions of the Act

The Act standardized a copyright term of the life of the author plus 70 years, up from the previous life plus 50 years. For works made for hire, anonymous, and pseudonymous works, the term was set at 95 years from publication or 120 years from creation, whichever expired first. These changes applied prospectively to new works and retroactively to existing works still under copyright, effectively freezing the public domain for two decades. The law also included a provision allowing libraries and archives certain exemptions for preservation activities.

Legislative debate and public response

Support for the legislation was strong among industry groups like the Motion Picture Association of America and Recording Industry Association of America, who argued it provided necessary incentives for creation and aligned the United States with international standards. Opposition was voiced by academics, librarians, and digital rights advocates, including the Electronic Frontier Foundation, who criticized it as a corporate giveaway that stifled innovation. The nickname "Mickey Mouse Protection Act" emerged from public criticism, highlighting the perceived role of corporate lobbying from entities like Disney.

Economic and cultural impact

The immediate economic impact was to secure continued royalty streams for estates and corporations holding valuable older copyrights, such as the Gershwin family trust and Disney. Culturally, it created a 20-year hiatus where no new published works entered the public domain in America, affecting projects by historians, filmmakers, and educators. This delay is often cited as hindering the creation of new derivative works, adaptations, and scholarly editions that rely on accessible source material.

Legal challenges and constitutionality

The law faced a significant constitutional challenge in the case Eldred v. Ashcroft, argued before the Supreme Court of the United States in 2002. The plaintiffs, led by internet activist Eric Eldred and represented by legal scholar Lawrence Lessig, argued the extensions violated the Copyright Clause of the United States Constitution and the First Amendment. The Supreme Court, in a 7–2 decision authored by Justice Ruth Bader Ginsburg, upheld the law, deferring to Congress's power under the Copyright Clause.

International context and harmonization

The Act was largely an effort to harmonize American law with the longer term mandated by the 1993 European Union Directive on copyright, which set a baseline of life plus 70 years. This alignment was also consistent with terms under the Berne Convention for the Protection of Literary and Artistic Works. The move strengthened the position of the United States in international trade negotiations and under agreements administered by the World Trade Organization, particularly concerning the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Category:United States federal copyright legislation Category:1998 in American law Category:105th United States Congress