Law & Courts

Supreme Court Ponders Copyright Extension

By Mark Walsh — October 16, 2002 3 min read
  • Save to favorites
  • Print

What do educational publishers, librarians, and the descendants of Dr. Seuss have at stake in a U.S. Supreme Court case about copyright?

Children's books that could be effected by the Supreme Court's decision.

Childhood favorites like these books might enter the public domain sooner if the court rejects the 1998 law.

A lot, judging by their willingness to file friend-of-the-court briefs in Eldred v. Ashcroft (Case No. 01-618). The high court last week heard arguments in the case, a challenge to the constitutionality of the Sonny Bono Copyright Term Extension Act of 1998.

The statute, named for the late singer and member of Congress, extended the terms of most copyrights by 20 years, and was aggressively sought by Hollywood lobbyists, particularly for the Walt Disney Co. The copyright on the first appearance of Mickey Mouse, in the 1928 animated film “Steamboat Willie,” was due to expire next year but was extended for two decades by the Bono Act.

Under the law, copyright protection for individual authors, composers, and artists grew from 50 years to 70 years after the creator’s death. Copyrights held by corporations were extended from 75 to 95 years.

Critics of the extension argue that serial extensions of the protected time frame amount to perpetual copyright protection in violation of the U.S. Constitution’s copyright clause, which gives Congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” The law’s challengers also say it runs afoul of the First Amendment free-expression rights of those who would seek to publish works that are part of the public domain.

Copyright and the Web

Lawrence Lessig, a Stanford University law professor who is representing a varied group of challengers, told the justices during the Oct. 9 oral arguments that the rise of the Internet had brought about “a fundamentally important changed circumstance” to the issue of copyright.

The lead plaintiff challenging the extension is Eric Eldred, who runs a Web-based publisher of literature that is in the public domain. The Eldritch Press, Mr. Eldred’s company, is used by students around the world to gain free access to works by Nathaniel Hawthorne, Louisa May Alcott, and others.

“We are asserting that the opportunity to build upon works in the public domain is a vital First Amendment right,” Mr. Lessig told the Supreme Court justices last week. Several justices expressed sympathy for the challengers, but questioned whether they should overturn Congress on the issue.

Silver Screen

The law is being defended by the Bush administration and most of the commercial creative community, including several big educational publishers.

One brief in defense of the extension comes from the heirs of three prominent authors of books for children: Theodor S. Geisel, better known as Dr. Seuss; E.B. White, who wrote the classics Charlotte’s Web and Stuart Little; and Ludwig Bemelmans, who wrote the Madeline series.

Their heirs told the court that children’s books, in particular, take a while to reach classic status, and argued that extended copyrights can encourage further creative activity by the holders. For example, it has often taken decades for movie versions of famous children’s books to reach the screen, they said, such as the 54 years between the publication of Stuart Little in 1945 and the recent film, or the 46 years from the 1957 publication of Dr. Seuss’s The Cat in the Hat and next year’s planned movie release.

The heirs of the children’s authors argue that “it is the exclusivity of copyright protection that provides the incentive for the producers of other derivative works to invest the capital to transform these books into new media.”

Such new works, of course, also help drive sales of the original books.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Measuring What Matters: How District Leaders Are Redefining Student Assessment
In this panel discussion, district leaders and systems experts will examine the gap between the outcomes we want and the systems in place.
Content provided by Otus
Early Childhood Webinar Selling Into Early Learning: New Survey Data and Strategies for Marketers
Selling into PreK? Get fresh EdWeek Research Center data and strategies to position your products and reach the right early learning buyers.
Artificial Intelligence Webinar AI and 'Techlash' Are on a Collision Course. How Should Schools Respond?
Learn what strategies and tactics schools can develop to encourage smart and responsible AI use, while also enforcing tech guardrails.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images