Kahle v. Gonzales
Encyclopedia
Kahle v. Gonzales is a First Amendment
case that challenges the change in the copyright system of the United States from an opt-in system to an opt-out system.
Four plaintiffs, the Internet Archive
along with its founder, Brewster Kahle
, and the Prelinger Archives
and its founder Rick Prelinger
, brought the suit against the government for changing the copyright regime. In the past, copyright renewal did not happen by default. Creators needed to renew copyrights after their terms expired to retain the exclusive right to reproduce their work. The Copyright Renewal Act of 1992
removed the renewal requirement, so that all copyrights would last the same term. Now, creators must explicitly remove copyright if they do not desire it.
Working from the case law of Eldred v. Ashcroft
, which unsuccessfully challenged the extension of copyright, Lawrence Lessig
argued that a change in copyright law as drastic as the change from opt-in to opt-out required a review in regards to freedom of speech
. The plaintiffs argued that the limitations placed on speech and expression by copyright were drastically expanded and possibly too limiting.
The Ninth Circuit Court of Appeals heard the oral arguments on November 13, 2006. The Ninth Circuit rejected Kahle's arguments in an opinion issued January 22, 2007. An eight-page opinion written by Ninth Circuit Judge Jerome Farris stated: "They (the plaintiffs) make essentially the same argument, in different form, that the Supreme Court rejected in Eldred. It fails here as well." The Ninth Circuit rejected an appeal for en banc
rehearing of the case. An amended opinion substituted the original on May 14.
The Supreme Court denied the Plaintiff's petition for writ of certiorari
on January 7, 2008.
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
case that challenges the change in the copyright system of the United States from an opt-in system to an opt-out system.
Four plaintiffs, the Internet Archive
Internet Archive
The Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". It offers permanent storage and access to collections of digitized materials, including websites, music, moving images, and nearly 3 million public domain books. The Internet Archive...
along with its founder, Brewster Kahle
Brewster Kahle
Brewster Kahle is a computer engineer, internet entrepreneur, activist, and digital librarian.- Biography :Kahle graduated from the Massachusetts Institute of Technology in 1982 with a Bachelor of Science in computer science and engineering, where he was a member of the Chi Phi Fraternity. The...
, and the Prelinger Archives
Prelinger Archives
The Prelinger Archives is a collection of films relating to U.S. cultural history, the evolution of the American landscape, everyday life and social history...
and its founder Rick Prelinger
Rick Prelinger
Rick Prelinger is an archivist, writer and filmmaker, and founder of the Prelinger Archives, a collection of 60,000 advertising, educational, industrial, and amateur films acquired by the Library of Congress in 2002 after 20 years' operation.Rick has partnered with the Internet Archive to make...
, brought the suit against the government for changing the copyright regime. In the past, copyright renewal did not happen by default. Creators needed to renew copyrights after their terms expired to retain the exclusive right to reproduce their work. The Copyright Renewal Act of 1992
Copyright Renewal Act of 1992
Copyright Renewal Act of 1992, enacted June 26, is an act of the United States Congress, enacted to reverse the longstanding requirement under US law that a second term of copyright protection is contingent on a renewal registration with the Library of Congress....
removed the renewal requirement, so that all copyrights would last the same term. Now, creators must explicitly remove copyright if they do not desire it.
Working from the case law of Eldred v. Ashcroft
Eldred v. Ashcroft
Eldred v. Ashcroft, was a court case in the United States challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act...
, which unsuccessfully challenged the extension of copyright, Lawrence Lessig
Lawrence Lessig
Lawrence "Larry" Lessig is an American academic and political activist. He is best known as a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications, and he has called for state-based activism to promote substantive...
argued that a change in copyright law as drastic as the change from opt-in to opt-out required a review in regards to freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
. The plaintiffs argued that the limitations placed on speech and expression by copyright were drastically expanded and possibly too limiting.
The Ninth Circuit Court of Appeals heard the oral arguments on November 13, 2006. The Ninth Circuit rejected Kahle's arguments in an opinion issued January 22, 2007. An eight-page opinion written by Ninth Circuit Judge Jerome Farris stated: "They (the plaintiffs) make essentially the same argument, in different form, that the Supreme Court rejected in Eldred. It fails here as well." The Ninth Circuit rejected an appeal for en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
rehearing of the case. An amended opinion substituted the original on May 14.
The Supreme Court denied the Plaintiff's petition for writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
on January 7, 2008.