Eldred v. Ashcroft · US Supreme Court · 2003

Is the extension constitutional?

Short answer: Yes: the 20 years stands.

The facts. In 1998 Congress added 20 years to all US copyrights, even for existing works, right before Mickey's early films would have expired. An internet publisher of old books sued, saying the Constitution allows copyright only for 'limited times.'

The ruling. Eldred v. Ashcroft (2003): The Court upheld the law 7 to 2. Twenty extra years is still a limited time, and Congress has wide discretion to set copyright terms.

Critics nicknamed it the Mickey Mouse Protection Act because Disney lobbied for it. Lawrence Lessig argued the case and later wrote about why he lost. Steamboat Willie finally entered the public domain in 2024.

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For fun, not legal advice.