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Protests, Silence and the Public Domain- Constitutional Limits on Copyright Duration
Ever since its inception as a formalized institution in law, intellectual property and especially the law relating to copyright1 has been subject to the constant tension between protecting the interests of the 'creator' of the work and the public interests in the such works, best illustrated by the concept of "public domain" in intellectual property parlance.2 It has always been the endeavour of law makers (inclusive of the judiciary3) across the globe to strike the right balance between these conflicting interests. An important determinant of such equilibrium is the term of the copyright, which has always been a contentious issue.4 The Congress in the United States and the Parliament in India have put to use their wisdom and on atleast one occasion exercised their power to extend the term of the copyright.5 This went relatively unnoticed in India but created a public furore in the United States. In Eldred v. Ashcroft6, the United States Supreme Court and the lower courts in certain other cases upheld the validity of the Copyright Term Extension Act of 1998. These decisions have brought to fore the need to re-examine the extent to which copyright is a constitutionally sanctified regime in the United States.
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