Bono Copyright Term Extension Act
The Bono Copyright Term Extension Act, also known as the Sonny Bono Act or more colloquially the Mickey Mouse Protection Act, is a significant piece of United States copyright law enacted in 1998. This legislation extended the term of copyrights by an additional 20 years, significantly impacting the duration works remain under copyright protection before entering the public domain.
Origins and Background
The act was named in honor of Sonny Bono, a former U.S. Congressman and entertainer, who advocated for copyright reforms during his tenure. His widow, Mary Bono, succeeded him in Congress and played a role in the legislative process following his passing.
Prior to the 1998 extension, the Copyright Act of 1976 set the duration of copyright protection. The extension act increased the term from life of the author plus 50 years to life plus 70 years for individual authors, and from 75 years to 95 years for corporate authorship, aligning U.S law more closely with the European Union's copyright duration under Directive 2011/77/EU.
The "Mickey Mouse Protection Act"
The act garnered the nickname "Mickey Mouse Protection Act" due to its impact on works like Disney's Mickey Mouse cartoons, specifically Steamboat Willie, which were nearing the end of their initial copyright term. The extension effectively postponed the entry of such iconic works into the public domain, allowing companies like Disney to maintain exclusive control over lucrative intellectual properties.
Legal Challenges and Implications
The act faced legal challenges, most notably in the case of Eldred v. Ashcroft, where plaintiffs argued that the extensions violated the Constitution's Copyright Clause. However, the U.S. Supreme Court upheld the constitutionality of the act, allowing the term extensions to stand.
Critics argued that the act stifled the free-culture movement by delaying public access to cultural works and benefited large corporations at the expense of the public domain. Proponents, however, believed it was necessary to protect the economic interests of content creators and align U.S practices with international standards.