Illegal Art In SF, July 2 - 25, 2003" />
June 12, 2003
Eldred v. Ashcroft: Copyright, Free Speech and Special Interests with a European Flavour

Valentina Pasquali has written a special report for the bIPlog on the Sonny Bono Copyright Term Extension Act's (pdf) harmonization of US copyright terms with the EU Copyright Directive terms, as well as the arguments made in the case and the opinions (pdf) regarding harmonization in the Eldred case.

Valentina was an undergraduate student this year at UC Berkeley, visiting just for the one year from university in Bologna. She had a blast in the Berkeley and told me she regreted having to leave when we had lunch two weeks ago. She also spent a year in Michigan as an exchange high school student, so she comes to the bIPlog with a good command of English. But I'm really impressed with her ability to write about Eldred and copyright issues considering that Italian is really her first language. It was fun having her contribute to the bIPlog and I wish her well, and hope she keeps contributing!

Posted by Mary Hodder at June 12, 2003 07:38 AM
Comments

It looks like the report link is broken...

Posted by: Donna Wentworth on June 12, 2003 07:55 AM

Fixed it! Still trying to work out the movevable type archive access. Thanks.

Posted by: Mary Hodder on June 12, 2003 08:11 AM

she regreted -> she regretted ...

I have read the special report and would like to make some comments:

Ms. Pasquali is right: The American law did not achieve complete harmonization. It will in the long run, but it doesn't do so now.

Actually, for many works like Mark Twain's "Comments on the Killing of 600 Moros" (published in 1924) the twenty year extension worked to make the difference between European and American law larger. Exactly the opposite of what the government claimed. Under European law, that essay is in the public domain since 1981 (Twain died in 1910). The extension means that Twain will have to wait until 2019 for his freedom, adding twenty years to the difference to European standards.

So it's not just that there is no harmonization. The CTEA actually works against harmonization in this case, as in many others.

Posted by: Karl-Friedrich Lenz on June 13, 2003 01:36 AM
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