That professor, Stephen G. Breyer, is now a high court justice. But more than three decades ago, he published an article in the Harvard Law Review saying that courts should “hesitate to extend or strengthen” copyright protection. “The Uneasy Case for Copyright,” 84 Harv. L. Rev. 281 (1970).
Breyer’s piece seems to indicate that he is an opponent of what is generally called “copyright creep,” by which the term of copyright protection has been extended 11 times since Congress was empowered in the Constitution to create copyrights and patents “for limited times.”
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