The dead poets society: The copyright term and the public domain

Rimmer, Matthew (2003) The dead poets society: The copyright term and the public domain. First Monday, 8(6).

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In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses — history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies — such as Eric Eldred's Eldritch Press and Project Gutenberg. It concludes that there is a need to resist the attempts of copyright owners to establish the Sonny Bono Copyright Term Extension Act 1998 (U.S.) as an international model for other jurisdictions — such as Australia.

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ID Code: 85408
Item Type: Journal Article
Refereed: Yes
Keywords: constitutional law, Copyright law, cultural heritage, economics, electronic publishing, European Duration Directive, history, international trade, perpetual copyright, public domain, Sonny Bono Copyright Term Extension Act, US-Australia Free Trade Agreement, Intellectual Property and Innovation Law Research Group
ISSN: 1396-0466
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 17 Aug 2015 02:36
Last Modified: 07 Sep 2015 01:58

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