Considering how often the topic has come up in discussions here, I
thought I'd pass this along.

John W. Mangrum

---------------------------

http://www.guardian.co.uk/business/story/0,3604,653128,00.html

Copyright case threatens Disney

David Teather in New York
Wednesday February 20, 2002
The Guardian

Walt Disney could lose copyright over Mickey Mouse in as little as two
years after the US supreme court agreed to hear the arguments for
overturning existing rules.

The case, which will not be heard until at least October, could prove
devastating for Disney. Copyrights on other big money-making characters,
including Donald Duck, Pluto and Goofy would also lapse within a few
years if the law were overturned.

The case is being brought by Eric Eldred, who is trying to build an
online library of free books and is more concerned with works of
literature than Disney. He argues that a 20-year extension to existing
copyrights granted in 1998, the Sonny Bono Copyright Term Extension Act,
violates free-speech rights.

Disney is not the only company that would be adversely affected if the
law is overturned. Works by Ernest Hemmingway, F Scott Fitzgerald and
the music of George and Ira Gershwin would also lose their copyright
shortly as would many properties owned by AOL Time Warner.

"The law created a dam that prevented a lot of works from entering the
public domain," Mr Eldred said. "It is a real shame - because they want
to protect Mickey Mouse it is causing a lot of other works to be
unavailable."

Under existing law, works owned by corporations are now protected for 95
years, while a new work owned by an individual receives protection for
the life of the author plus 70 years. The Sonny Bono extension brought
US copyright law into line with Europe.

A Disney spokeswoman said the extension had the support of "a broad
coalition from the creative community". Characters or works that lose
copyright fall into the public domain, and can be used without royalties
payments.
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