The Sonny Bono Copyright Term Extension Act, often referred to as the CTEA, the Sonny Bono Act, or even derisively as the Mickey Mouse Protection Act, is a significant 1998 law in the United States that fundamentally altered copyright terms. This legislation represents the most recent in a series of acts designed to extend the duration a work remains under copyright protection before it transitions into the public domain. Its passage had immediate
and lasting effects, particularly on works created in the early 20th century, effectively freezing the advancement date of the public domain for many older copyrighted materials.
Prior to the 1998 Act, the Copyright Act of 1976 had established copyright terms as the life of the author plus 50 years. For works of corporate authorship, anonymous works, and pseudonymous works, the term was 75 years from publication or 100 years after creation, whichever period was shorter. The 1976 Act also increased the renewal term for works copyrighted before 1978 that had not yet entered the public domain, extending it from 28 years to 47 years, resulting in a total term of 75 years for those works.
Extending Copyright Durations
The 1998 Sonny Bono Act significantly extended these existing copyright terms. For works protected under the life-plus-years model, the term was increased to the life of the author plus 70 years. For works of corporate authorship, the term became 95 years from publication or 120 years after creation, whichever came earlier. This meant a substantial 20-year extension across the board for many categories of copyrighted material. For works published before January 1, 1978, the Act extended the renewal term from 47 years to 67 years, granting a total of 95 years of protection.
This extension had a direct consequence for works that were still protected by copyright in 1998. For instance, works made in 1923 or later that were still under copyright would not enter the public domain until January 1, 2019, or even later, depending on their specific publication date. A notable example is Mickey Mouse, whose first appearance in "Steamboat Willie" in 1928 meant that the character would enter the public domain in 2024, rather than an earlier date. Unlike some copyright extension legislation in the European Union, the Sonny Bono Act did not revive copyrights that had already expired, meaning it was not retroactive in that specific sense. However, it was retroactive in that it extended the terms of protection for works that were already copyrighted and created before the Act took effect. A special section (17 U.S.C. § 303) addressed works created before January 1, 1978, but not published or registered for copyright until recently, allowing them to remain protected until the end of 2047.
Legislative Journey and Naming
The Act became Public Law 105–298 on October 27, 1998. It was named in memory of Congressman Sonny Bono, who had passed away nine months before the Act was signed into law. Bono had been one of twelve sponsors of a similar bill prior to his death. His widow, Mary Bono, who succeeded him in Congress, was also an original sponsor of the legislation. The naming of the Act served as a tribute to his efforts in advocating for copyright term extensions.
During its legislative journey, the Act faced potential derailment from House members who were sympathetic to restaurant and bar owners. These owners were upset over the licensing practices of organizations like ASCAP and BMI. To address these concerns and ensure the bill's passage, it was amended to include the Fairness in Music Licensing Act. This amendment provided exemptions for smaller establishments, freeing them from the requirement of obtaining a public performance license to play music. This demonstrates the complex political climate and various interests at play during the formulation and passage of the Sonny Bono Copyright Term Extension Act.
