As Congress Giveth, So Congress Taketh Away: The Supreme Court Assures Congressional Authority to Retroactively Extend Copyright Terms in Eldred v. Ashcroft

Authors

Darcy L. Jones

Publication Date

3-2004

Document Type

Casenote

Abstract

In Eldred v. Ashcroft ("Eldred"), the "so-called 'Mickey Mouse case,'- the United States Supreme Court held that the Copyright Term Extension Act' ("CTEA") did not violate the First Amendment and that Congress did not exceed its power under the Copyright Clause when it enacted CTEA provisions enlarging terms for both future and previously published works with existing copyrights by twenty years. Thus the Court announced that it would defer to Congress in matters related to copyright legislation. While the case is a narrow, cautious decision that plows little new Constitutional ground, the Court clearly indicated it would find congressional acts under the Copyright Clause invalid.

Recommended Citation

Jones, Darcy L. (2004) "As Congress Giveth, So Congress Taketh Away: The Supreme Court Assures Congressional Authority to Retroactively Extend Copyright Terms in Eldred v. Ashcroft," Mercer Law Review: Vol. 55: No. 2, Article 7.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol55/iss2/7