Creative Commons, OERs and Beyond

The article discusses the expansive authority of the U.S. Congress over the intellectual property policy under the Copyright Clause after the Eldred versus Ashcroft case. It examines the limitations of the clause in the face of the deference of the U.S. Supreme Court to congressional authority. It focuses on the encroachment risk on the public domain which resulted from the exercise of power of the U.S. Congress.

Posner, R. (2003). The Constitutionality of the Copyright Term Extension Act: Economics, Politics, Law, and Judicial Technique in Eldred v Ashcroft. The Supreme Court Review, 2003, 143-162. Retrieved November 17, 2020, from http://www.jstor.org/stable/3536951

This article explains the Constitution's intellectual property provision and its goals, then deconstructs the Supreme Court's decision in Eldred v. Ashcroft as a means to unravel the pieces in the complex relationship among the constitutional provision, the First Amendment, and copyright. The article then considers how an understanding of the relationship of these elements can be helpful for considering the positions of technical communicators as both users and producers of intellectual products. Reprinted by permission of the publisher.

The article discusses the decision of the U.S. Supreme Court over the Eldred v. Ashcroft case, which uphold the legality of federal copyright laws that prohibit copyright infringers from reproducing and publishing copyrighted material without the permission of the copyright owner. The court ruled that the Copyright Term Extension Act of 1998 and other federal copyright laws do not violate the First Amendment of the U.S. Constitution.

The article presents information on U.S. Supreme Court case Eldred et al. v. Ashcroft, Attorney General, case number 01-618, argued on October 9, 2002 and decided on January 15, 2003. The District Court entered judgment on the pleadings for the Attorney General, holding that the Copyright Term Extension Act (CTEA) does not violate the Copyright Clause's limited Times restriction because the terms of CTEA, though longer than the 1976 Act's terms, are still limited, not perpetual, and therefore fit within the discretion of the Congress.

Michael Jones. (2004). Eldred v. Ashcroft: The Constitutionality of the Copyright Term Extension Act. Berkeley Technology Law Journal, 19(1), 85.

Presents a Supreme Court case Eldred v. Ashcroft in the United States. Facts of the case; Appeal of the plaintiff; Decision of the court.

The article discusses the aftermath of Eldred versus Ashcroft case highlighting the relationships between copyright clause, the first amendment and the Internet. The article also mentions Professor Lawrence Lessig's book, "The Future of Ideas," stating that the ability of giving owners the right for controlling the innovation in the context of the internet, is the most important feature of copyright law. The article also outlines the section of the current Digital Millennium Copyright Act (DMCA) that cites the liability of copyright by Internet Service Providers (ISPs).

Reports on a strategic error by Lawrence Lessing on the most important copyright law in decades. Admission of the Stanford Law professor that he may have made the wrong argument on intellectual property before the Supreme court in the case of Eldred v Ashcroft. At issue before the court the lengthening of copyright protection; Fortunes at stake which include copyrights for characters such as Mickey Mouse; Comments from Washington D.C. Supreme Court specialist Daniel Bromberg.

Includes the opinion of the court as well as both dissenting opinions.

Includes oral arguments

The United States Department of Justice