Re: Mary Baker Eddy

On Thu, 15 Jun 2000, Ransford Pyle <pyle[_at_]mail.ucf.edu> wrote:
>
> By the separation of powers I mean particularizing legislation to the
> point that the legislature invades judicial prerogatives. Sure, the
> Constitution gives Congress authority over copyrights. Does that mean
> Congress can pass laws governing copyright or does it mean Congress can
> make special grants to individual authors?

Sure. This is the distinction between what they call a "Public Law" and a "Private Law." A more common use of private laws are to grant some sort of pension award or confer a particular immigrations status. For instance, there was talk of Congress granting Elian Gonzales permanent resident status so that he wouldn't need to establish a case for asylum; this would have been a private law. The Eddy statute was also a private law.

It doesn't violate separation of powers, because these laws are still subject to presidential veto and, as we've seen in the case of the Eddy private law, subject to judicial review and interpretation.

Private laws enacted by the current 106th Congress are online at <http://thomas.loc.gov/bss/d106/d106prlaws.html>. So far, there have been only four, two affecting disposition of some land, and two providing immigration relief; none relating to copyright. However, check out H.R. 320, introduced in the House, but not passed. The operative provisions of this bill are:

  SECTION 1. GRANTING OF COPYRIGHT.       Notwithstanding any other provision of law, copyright is hereby

       granted to Inna Hecker Grade and her successors and assigns in 
       the works set forth in section 2 by Chaim Grade, including all
       editions in English and translations heretofore published or
       hereafter published by Inna Hecker Grade or her successors or
       assigns, for a term of 50 years from June 26, 1982 (the date of
       death of Chaim Grade). The copyright owner shall be entitled to
       all rights and remedies provided to copyright owners generally 
       by law, except that no liability shall attach under this Act for
       lawful uses made or acts done before the date of enactment of 
       this Act in connection with such works, or in respect to the
       continuance for one year subsequent to such date of any business
       undertaking or enterprise lawfully undertaken before such date
       involving expenditure or contractual obligation in connection 
       with the exploitation, production, reproduction, or circulation 
       of such works.
       

  SEC. 2. WORK SUBJECT TO COPYRIGHT.       The following works of Chaim Grade (including lectures and essays)

       are covered by section 1:    

      [list of 57 works, identified by title, omitted, followed by:]       
       
   (58) Any other works of Chaim Grade, however created, whether pubished
       or unpublished.

I don't hold out much hope for Ms. Grade. This bill has been introduced in the last several Congresses, and has never passed.

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