Eldred v. Ashcroft (2003)
Quick Summary
This case is about how long copyright lasts. In 1998, Congress passed the Copyright Term Extension Act (CTEA). It added 20 more years to existing and future copyrights. Petitioners said this shift locked up culture and hurt free speech. The U.S. Supreme Court disagreed. The Court said Congress can extend terms and that free speech remains safe through fair use and the rule that ideas are always free. Result: the extension to life + 70 years stands.
Issues
- Does the CTEA violate the Copyright Clause by extending terms yet remaining “limited”?
- Does the extension, especially for existing works, violate the First Amendment by restricting access to works?
Rules
- Congress has power under the Copyright Clause to set a limited time for protection. Historical practice includes multiple extensions.
- Copyright protects expression, not ideas or facts. Those remain free for all.
- Fair use and similar doctrines act as built-in free speech safeguards.
- No constitutional rule forces the government to place or keep works in the public domain.
Facts — Timeline
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Arguments
Appellants
- “Limited” time becomes meaningless with repeated extensions.
- Extending existing copyrights blocks the public domain and harms speech.
- Longer control raises costs for education, research, and new creativity.
Respondent (Government)
- Congress has a track record of term adjustments; this is consistent.
- Fair use and idea–expression rules protect free speech interests.
- Harmonizing with global terms supports U.S. authors and markets.
Judgment
The Supreme Court upheld the CTEA. The extension to life + 70 years is still a “limited” time under the Constitution. Congress may extend terms for existing and future works.
The First Amendment claim failed because copyright law has internal speech protections: fair use and the idea–expression split. These keep debate and learning open even with longer terms.
Ratio Decidendi
“Limited” does not fix a single number. Congress can choose terms within a constitutional range and may extend them over time. Free speech concerns are addressed inside copyright law through fair use and by leaving ideas and facts unprotected.
Why It Matters
- Shows strong deference to Congress on copyright policy and duration.
- Explains how free speech and copyright can coexist.
- Delays entry of works into the public domain, affecting education and culture markets.
Key Takeaways
CTEA’s extension is constitutional.
Fair use + ideas/facts rule protect speech.
“Limited time” allows policy updates by Congress.
| Before | After CTEA |
|---|---|
| Life + 50 | Life + 70 |
| Earlier public domain entry | Delayed public domain entry |
| Lower licensing span | Longer licensing span |
Mnemonic + 3-Step Hook
Mnemonic: E.L.D.R.E.D = Extended Limit, Doctrine Respects Expression & Dialogue
- Extended Limit: Life + 70 is still “limited”.
- Expression vs Ideas: Ideas/facts stay free.
- Dialogue Safe: Fair use keeps speech flowing.
IRAC Outline
Issue
Is the CTEA’s 20-year extension constitutional under the Copyright Clause, and does it violate the First Amendment?
Rule
Congress sets “limited” terms; fair use and idea–expression distinction protect speech interests.
Application
The extension fits historical practice; speech safeguards remain active, so the law passes constitutional review.
Conclusion
CTEA upheld; no First Amendment violation.
Glossary
- CTEA
- 1998 law adding 20 years to copyright terms.
- Public Domain
- Pool of works free for everyone to use.
- Fair Use
- Legal permission to use limited portions for learning, news, research, etc.
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