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The U.S. Supreme Court Hears the Mickey Mouse Case

By L. Ray Patterson

Abstract

The case of Eldred v. Ashcroft, argued before the U. S. Supreme Court on October 9, 2002, is the most important copyright case since 1834, when the court decided its first, Wheaton v. Peters. In Wheaton, the court ruled that under the Copyright Clause of the U.S. Constitution only Congress can grant copyright for published works. In Eldred, the court will decide the scope of Congress’ copyright power. May Congress grant, in the words of the Copyright Clause, copyright only for a \u22limited time\u22 or may Congress extend the time already granted for existing copyrights? This is what Congress did in the Copyright Term Extension Act (CTEA), extending the term for all copyrights, present and future, for 20 years

Topics: Intellectual Property Law
Publisher: Digital Commons @ Georgia Law
Year: 2002
OAI identifier: oai:digitalcommons.law.uga.edu:fac_pm-1010
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