Case Comment: Eldred v. Ashcroft

Abstract

Article 1, Section 8, Clause 8 gives Congress the power "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." Courts throughout American history have referred to this passage to justify their decisions to grant or deny protection to a particular invention or work of original expression. The January 15, 2003 decision of the United States Supreme Court in Eldred v. Ashcroft reinforces and relies upon this fundamental grant of authority. Critics argue that the decision fails to consider the economic implications of a retroactive application of the twenty year extension of copyright term granted under the 1998 Copyright Term Extension Act. The truth is, the majority's decision does fail to take such economic considerations into account, and rightfully so.