Re: Constitutional Challenge to (C) Code

On Tue, 31 Mar 1998, Thomas Cotter <cotter[_at_]law.ufl.edu> wrote:
>
> I don't think it would be that hard to come up with a litigable case
> or controversy to test the constitutionality of the legislation.
> Hire an orchestra next year to perform Gershwin's "Rhapsody in Blue,"
> which (I believe) is set to go into the public domain on January 1,
> 1999, if the term extension doesn't pass. When the orchestra is sued
> for copyright infringement, it can raise the constitutional argument
> as a defense.

Academically, that's correct. Real life, it means putting your money where your mouth is and standing up as a defendant in a case with substantial enough damages to make it to trial. My sense is that those arguing unconstitutionality of a life+50 or life+70 term aren't willing to put themselves on the line like this.

--
Terry Carroll       |  "I know the Great Lakes.  I've traveled the 
Santa Clara, CA     |  Great Lakes.  And Lake Champlain is not one of
carroll[_at_]tjc.com     |  the Great Lakes." - U.S. Senator John Glenn reacts
Modell delendus est |  to 33 U.S.C. 1122 as amended by Pub.L. 105-160