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Whether the Copyright Term Extension Act (CTEA) violates the U.S. Constitution's Copyright Clause by extending copyright terms from 50 to 70 years after an author's death?

Whether the CTEA's extension of copyright terms, particularly for existing copyrights, violates the First Amendment's guarantee of free speech and expression by limiting public access to creative works?


The CTEA does not exceed Congress's authority under the Copyright Clause of the United States Constitution because the extension is considered "limited”. The Constitution does not prevent the government from taking works out of the public domain. Copyright protection primarily covers expression, not ideas, and permits fair use, which permits the use of copyrighted material limit.

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