Challenge to Copyright Act Rejected
In sum, Kahle claimed that the change from an "opt-in" to an "opt-out" for copyright extension under the 1992 Automatic Renewal Act requires First Amendment review. Kahle also complained that the current copyright term (life plus 70 years) violates the copyright clause's "limited times" prescription. If he had been successful, orphaned works would have lost their copyright protection. Instead, the court discarded Kahle's argument finding that it, in effect, had already been reviewed and rejected by the U.S. Supreme Court in Eldred v. Ashcroft.
The court's ruling can be appealed. But for now, creatives can take a breath of relief.
Take my advice; get professional help.
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