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Eldred v. Ashcroft October 9, 2002 (01-618) return to case listing Case Summary The Copyright Term Extension Act of 1998 (CTEA) extends the terms of copyrights for 20 years and applies retroactively. As a result, the CTEA now coincides with the terms of copyrights governed by the European Union. The plaintiffs, various corporations and non-profit organizations in the business of sharing or selling books and music, filed suit seeking a declaration that the CTEA is unconstitutional as a violation of the First Amendment and the Copyright Clause of Article I, § 8 which authorizes Congress: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The D.C. Circuit held that copyrights are categorically immune from First Amendment challenge and that plaintiffs lack any cognizable First Amendment right to exploit the copyrighted works of others. The D.C. Circuit further held that Congress may retroactively extend copyright terms without violating the Copyright Clause. The lower court opinion is available at 255 F.3d 849. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 6-3 to Affirm 5-4 to Reverse 6-3 to Reverse n/a 7-2 to Affirm VOTING TO REVERSE Stevens Souter Ginsburg O'Connor Scalia Kennedy Thomas Ginsburg Stevens O'Connor Scalia Kennedy Souter Thomas Stevens Breyer VOTING TO AFFIRM Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Stevens Souter Breyer Rehnquist Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg return to case listing