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Copyright Term Extension

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

Copyright Term Extension refers to the lengthening of the duration for which copyrights are valid, granting copyright holders exclusive rights over their works for a longer period of time. This concept is particularly relevant in the context of changes in copyright law.

5 Must Know Facts For Your Next Test

  1. Copyright Term Extension has significantly increased the duration of copyright protection, from the original 14-year term with a possible 14-year renewal to the current 95-year term for works created by corporations or 70 years after the author's death.
  2. The Sonny Bono Copyright Term Extension Act of 1998 was a key driver of Copyright Term Extension, adding 20 years to the duration of existing and future copyrights.
  3. Copyright Term Extension has been criticized for delaying the entry of works into the public domain, limiting public access and the ability to build upon existing creative works.
  4. Proponents of Copyright Term Extension argue that it provides additional incentives for creators and encourages continued investment in the production and distribution of creative works.
  5. The European Union has also implemented copyright term extensions, harmonizing the duration of protection across member states.

Review Questions

  • Explain the purpose and rationale behind copyright term extension.
    • The primary purpose of copyright term extension is to provide additional incentives and protection for creators and copyright holders. By lengthening the duration of copyright, it is argued that creators will have more time to profit from their works, encouraging continued investment in the production and distribution of creative content. Proponents believe this ultimately benefits the public by stimulating the creation and availability of new works. However, critics argue that term extensions unduly delay the entry of works into the public domain, limiting public access and the ability to build upon existing creative works.
  • Describe the key legislative changes that have led to copyright term extension in the United States.
    • The most significant legislative change that has led to copyright term extension in the United States is the Sonny Bono Copyright Term Extension Act of 1998. This law extended the duration of copyrights by 20 years, increasing the term from the original 14-year period with a possible 14-year renewal to the current 95-year term for works created by corporations or 70 years after the author's death. This extension was criticized for delaying the entry of works into the public domain, but proponents argued that it provided additional incentives for creators and encouraged continued investment in the production and distribution of creative works.
  • Evaluate the potential impacts, both positive and negative, of copyright term extension on the public and the creative ecosystem.
    • Copyright term extension has both positive and negative impacts on the public and the creative ecosystem. On the positive side, it provides additional incentives and protection for creators, potentially encouraging the production and distribution of new works. This can benefit the public by increasing the availability of creative content. However, the negative impacts are significant. By delaying the entry of works into the public domain, copyright term extension limits public access and the ability to freely build upon existing creative works. This can stifle innovation and the free exchange of ideas, which are essential for a thriving creative ecosystem. Ultimately, the balance between providing adequate incentives for creators and ensuring public access to cultural works is a complex and ongoing debate in the context of copyright law and term extension.