Introduced in the Senate as S. 505 by Orrin Hatch (R–UT) on March 20, 1997
Passed the Senate on October 7, 1998 (unanimous consent)
Passed the House on October 7, 1998 (voice vote)
Signed into law by President Bill Clinton on October 27, 1998
United States Supreme Court cases
Eldred v. Ashcroft
Expansion of U.S. copyright law (assuming authors create their works 35 years before their death)
The Sonny Bono Copyright Term Extension Act – also known as the Copyright Term Extension Act, Sonny Bono Act, or (derisively) the Mickey Mouse Protection Act[1] – extended copyright terms in the United States in 1998. It is one of several acts extending the terms of copyright.[2]
Following the Copyright Act of 1976, copyright would last for the life of the author plus 50 years (or the last surviving author), or 75 years from publication or 100 years after creation, whichever is shorter for a work of corporate authorship (works made for hire) and anonymous and pseudonymous works. The 1976 Act also increased the renewal term for works copyrighted before 1978 that had not already entered the public domain from 28 years to 47 years, giving a total term of 75 years.[3]
The 1998 Act extended these terms to life of the author plus 70 years and for works of corporate authorship to 95 years from publication or 120 years after creation, whichever end is earlier.[4] For works published before January 1, 1978, the 1998 act extended the renewal term from 47 years to 67 years, granting a total of 95 years.
This law effectively froze the advancement date of the public domain in the United States for works covered by the older fixed term copyright rules. Under this Act, works made in 1923 or afterwards that were still protected by copyright in 1998 would not enter the public domain until January 1, 2019, or later. Mickey Mouse specifically, having first appeared in 1928 in Steamboat Willie, entered the public domain in 2024[5] with other works following later in accordance with the product's date. Unlike copyright extension legislation in the European Union, the Sonny Bono Act did not revive copyrights that had already expired, and therefore is not retroactive in that sense. The Act did extend the terms of protection set for works that were already copyrighted and were created before it took effect, so it is retroactive in that sense. However, works created before January 1, 1978, but not published or registered for copyright until recently, are addressed in a special section (17 U.S.C. § 303) and may remain protected until the end of 2047. The Act became Pub. L.Tooltip Public Law (United States) 105–298 (text) (PDF) on October 27, 1998.
^Cite error: The named reference lessig was invoked but never defined (see the help page).
^Duration of Copyright – United States Copyright Office
^(www.copyright.gov), U.S. Copyright Office. "U.S. Copyright Office – Certain Unpublished, Unregistered Works Enter Public Domain". www.copyright.gov. Retrieved January 14, 2018.
^U.S. Copyright Office, Circular 1: Copyright Basics, pp. 5–6
^"Mickey's Headed to the Public Domain! But Will He Go Quietly? – Office of Copyright". Office of Copyright. October 17, 2014. Retrieved January 14, 2018.
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