This Note explores opposing arguments on the constitutionality of the CTEA under the Copyright Clause, which gives Congress the power "[t]o promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to the irrespective Writings and Discoveries." Part I of this Note analyzes whether Congress violated the "limited Times" restriction by extending the terms of existing copyrights. Part II examines whether the CTEA promotes the "Progress of Science' ' Finally, Part Ill highlights questions the U.S. Supreme Court must resolve to maintain the balance between the rights of the copyright holder and the interests of the public.
Justice J. Rillera,
Eldred v. Ashcroft: Challenging the Constitutionality of the Copyright Term Extension Act,
5 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol5/iss2/3