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== Copyright as Property ==

== Copyright as Property ==

Copyrights, [[patents]], and [[trademarks]] are often referred to as "[[intellectual property]]". It is legally a form of property in many countries; however, according to the Constitution's description and historical views described above, it is technically a [[protectionist]] measure in the United States. For this reason, it falls under the federal court system (unlike other property disputes which are usually handled by the states).

Copyrights, [[patents]], and [[trademarks]] are often referred to as "[[intellectual property]]". The United States Constitution grants Congress the power to establish copyrights for "Limited Times."

 

Before the 1976 Act, state common-law copyright generally protected unpublished works from creation until publication<ref>The 1909 Act allowed copyright owners to register unpublished works for federal copyright,</ref> while publication of a work with a copyright notice commenced federal copyright protection.  When Congress passed the 1976 Act, it decided to preempt all state copyright laws (with the exception of laws covering pre-1972 sound recordings).  As copyright is, in nearly all circumstances, a creature of federal statute, jurisdiction of copyright cases generally belongs to the federal court system.  

To get around this limitation, extensions such as those listed above have been passed. In 1998, the [[Sonny Bono]] Copyright Term Extension Act (aka the "Bono Act") increased copyright terms to 70 years after the artist's death. It is often called the "[[Mickey Mouse]] Act" due to the law setting the public domain cutoff at 1923, a year close to the emergence of Disney's popular cartoon characters. In ''Eldred v. Ashcroft'' (2003), the Supreme Court ruled in favor of the Bono Act, claiming that the Constitution's "limited" could mean a term of any length.

To get around this limitation, extensions such as those listed above have been passed. In 1998, the [[Sonny Bono]] Copyright Term Extension Act (aka the "Bono Act") increased copyright terms to 70 years after the artist's death. It is often called the "[[Mickey Mouse]] Act" due to the law setting the public domain cutoff at 1923, a year close to the emergence of Disney's popular cartoon characters. In ''Eldred v. Ashcroft'' (2003), the Supreme Court ruled in favor of the Bono Act, claiming that the Constitution's "limited" could mean a term of any length.