Supreme Court Keeps Copyright Protections

Supreme Court Keeps Copyright Protections

By GINA HOLLAND, Associated Press Writer

WASHINGTON - The Supreme Court on Wednesday upheld lengthier copyrights=20
protecting the profits of songs, books and cartoon characters =97 a huge=20
victory for Disney and other companies.

The 7-2 ruling, while not unexpected, was a blow to Internet publishers and=
=20
others who wanted to make old books available online and use the likenesses=
=20
of a Mickey Mouse cartoon and other old creations without paying high=20
royalties.

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

Justices said the copyright extension, named for the late Rep. Sonny Bono,=
=20
R-Calif., was not unconstitutional.

The Constitution "gives Congress wide leeway to prescribe `limited times'=20
for copyright protection and allows Congress to secure the same level and=20
duration of protection for all copyright holders, present and future,"=20
Justice Ruth Bader Ginsburg  said from the bench.

A contrary ruling would have cost entertainment giants like The Walt Disney=
=20
Co. and AOL Time Warner Inc. hundreds of millions of dollars. AOL Time=20
Warner had said that would threaten copyrights for such movies as=20
"Casablanca," "The Wizard of Oz" and "Gone With the Wind."

Also at risk of expiration was protection for the version of Mickey Mouse=20
portrayed in Disney's earliest films, such as 1928's "Steamboat Willie."

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

During the argument in the case last October, some justices seemed bothered=
=20
by the retroactive extension but they also were concerned about their=20
standing to overturn it.

The Constitution allows Congress to give authors and inventors the=20
exclusive right to their works for a "limited" time.

Congress has repeatedly lengthened the terms of copyrights over the years.=
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Copyrights lasted only 14 years in 1790. With the challenged 1998=20
extension, the period is now 70 years after the death of the creator. Works=
=20
owned by corporations are now protected for 95 years.

Justices John Paul Stevens and Stephen Breyer  disagreed with their=
 colleagues.

Stevens wrote that the court was "failing to protect the public interest in=
=20
free access to the products of inventive and artistic genius."




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