Concept

CTEA Challenge

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Calibration: Length of Term

"In 1998, Congress enlarged the duration of copyrights by 20 years through the Copyright Term Extension Act (CTEA). As in the case of prior extensions, principally in 1831, 1909, and 1976, Congress provided for application of the enlarged terms to existing and future copyrights alike. Under the 1976 Copyright Act, copyright protection generally lasted from the work’s creation until 50 years after the author’s death. Under the CTEA, most copyrights now run from creation until 70 years after the author’s death. Petitioners do not challenge the “life-plus-70-years” timespan itself, but contend that Congress acted unconstitutionally by extending the term for published works with existing copyrights. They also argue that the CTEA violates the First Amendment. The Court rejected both challenges, holding that Congress acted within its authority and did not transgress constitutional limitations."

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CTEA Challenge | Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 | Bifalgorithm | Bifalgorithm