Supreme Court Keeps Copyright Protections (Mine: Sonny Bono Copyright Act ruled Constitutional)

Associated Press ^ | 1/15/03 | GINA HOLLAND

[general_re]

WASHINGTON - The Supreme Court on Wednesday upheld longstanding copyrights designed to protect the profits of songs, books and cartoon characters, a huge victory for Disney and other companies.

The 7-2 ruling, while not unexpected, was a blow to Internet publishers and others who wanted to make old books available online and use the likenesses of a Mickey Mouse cartoon and other old creations without paying high royalties.

Hundreds of thousands of books, movies and songs were close to being released into the public domain when Congress extended the copyright by 20 years in 1998.

Justices said the copyright extension, named for the late Rep. Sonny Bono, R-Calif., was not unconstitutional.

The Constitution "gives Congress wide leeway to prescribe `limited times' for copyright protection and allows Congress to secure the same level and duration of protection for all copyright holders, present and future," Justice Ruth Bader Ginsburg (news - web sites) said from the bench.

A contrary ruling would have cost entertainment giants like The Walt Disney Co. and AOL Time Warner Inc. hundreds of millions of dollars. AOL Time Warner had said that would threaten copyrights for such movies as "Casablanca," "The Wizard of Oz" and "Gone With the Wind."

Also at risk of expiration was protection for the version of Mickey Mouse portrayed in Disney's earliest films, such as 1928's "Steamboat Willie."

Congress passed the copyright law after heavy lobbying from companies with lucrative copyrights.

[general_re]

No further details yet...

[Maedhros]

This seriesly sux0r.

[IncPen]

I've never heard this referred to as the Bono Bill, only as the Disney bill

Did Sonny support (sponsor) it?

Frankly, I think it's a travesty...

[general_re]

On the plus side, though, it's my first actual breaking news post ever.

We now return you to your regularly-scheduled argument about copyrights ;)

[Petronski]

Based on what I know of the decision, the plaintiffs attempted in court to acheive what they could not acheive in Congress. It seems to be a correct decision, albeit one which abets the Great Whore of Orlando.

BOYCOTT DISNEY: a vortex of seductive evil™

[general_re]

Did Sonny support (sponsor) it?

It was passed not long after his death, and re-named in his "honor", IIRC....

[Maedhros]

Congress passed the copyright law after heavy lobbying from companies with lucrative copyrights.

Sometimes I wonder about the efficacy of even trying to fight these greedy media barons and their ridiculous intellectual property claims when it is obvious that Congress has been bought and paid for. I'm no McCainiac, but this really annoys me.

[Eric in the Ozarks]

I think the decision validates property rights. If they happen to be Disney's, well, I can pick and choose what I want to buy.

[Maedhros]

This decision tramples property rights. I must describe myself as an anarchist regarding copyrights: intellectual property is theft.

[steve-b]

The essential problem is that a "limited" term which can be retroactively extended is not in fact "limited" at all -- but in a way that makes it difficult to pin down a precise point at which the "limited terms" clause of the Constitution is violated.

[Petronski]

...intellectual property is theft.

I think we can agree about indefinite extensions being contrary to the common good, but if you think 'intellectual property is theft' I suspect you've never created any marketable intellectual property.

[Eric in the Ozarks]

I think you knocked that one out of the park.

[Always Right]

This decision tramples property rights. I must describe myself as an anarchist regarding copyrights: intellectual property is theft.

What are you saying? Do you believe all software should be free?

[Karsus]

I would like to point out to all the posters who told me the Judge Thomas would recluse himself from this vote because he had just agreed to a 7 figure payout from a business that has major dealings with copyright. You were wrong.

What happened to conflict of interest?

http://www.newsday.com/news/local/longisland/columnists/ny-vit0112,0,3038029.column?coll=ny-li-columnists
http://news.google.com

[Petronski]

I agree. I mean to say the decision is correct on the law, but is in principle a bad thing. I think the proper place to seek redress in this matter is Congress, not the Courts. I do think we are getting close to crossing the line of what 'limited' means in this context, but we are not there yet/now.

[Carry_Okie]

intellectual property is theft

I see. If a person labors for years to create a product you believe that you have the right to use it without paying them, arguing that they have no right to control their creation.

Well, at least it's obvious who the thief is here.

[general_re]

I would like to point out to all the posters who told me the Judge Thomas would recluse himself from this vote...You were wrong.

Hmph. I didn't know Thomas had a book deal, so that wasn't me. But saying "I told you so" is no fun unless you name names, and ping them to the thread to see you do a little victory dance ;)

[Maedhros]

I don't actually think intellectual property is theft; I was simply alluding to the anarchist position regarding real property (with which I disagree), namely, that owning it is theft. My main disagreement with this decision is that it hurts real property rights: by ridiculously extending copyright protection over something essentially vague and ephemeral, i.e., ideas, the concept that real property is sacrosanct is devalued.

As far as my own production of intellectual property, I could care less whether or not it is marketable. Thinking is not a plebiscite, or what some might call a popularity contest.

[taxcontrol]

I would have to disagree with SCOTUS on this. I'm of the opinion that at most, copyrights should be limited to the life of the author or 50 years whichever is longer.

I would like to see copyrights limited to the same term as patents.

[Maedhros]

See #18.