<Abstract>

An Issue of Copyright Term Extension in US and Its International Implications Analysis on the Sonny Bono Copyright Term Extension Act and Eldred v. Ashcroft

Sonny Bono Copyright Term Extension Act(CTEA) in 1998 and Eldred case-judicial scrutiny of its constitutionality- had drawn a great concern of scholars and the public. Mainly for adding extra 20 years to current copyright term of life plus 50 years, CTEA has made various grounds for debates about copyright term extension. Especially judicial scrutiny of its constitutionality in relation to the Copyright clause and the First Amendment has brought intensive debates and revealed interests. This study is based on hearings of legislative proceedings of CTEA, amicus brief of Eldred, Supreme Court ruling, and papers of law journals to confirm stake holders of copyright term extension and their grounds for pros and cons. Through specific and critical lessons from debates of US over copyright term extension case, developing countries including Korea facing the demand from the US and developed countries of higher copyright protection can examine and estimate the result of copyright term extension and have a lesson to make a better copyright law.

Key Words: Sonny Bono Copyright Term Extension Act(CTEA), Eldred case, the Copyright Clause, the First Amendment, Bilateral Free Trade Agreement, Harmonization of Copyright Law