When Eldred began, the content constraint meant that works published before 1923
were free, works published after 1923 were only possibly free. But in 1998, Congress
changed that by passing the Sonny Bono Copyright Term Extension Act. The Bono Act
extended the term of existing copyrights by twenty years, meaning work that was to fall
into the public domain in 1999 would now not fall into the public domain until 2019.
As we'll see, this turned Eldred into an activist.

[8-6] See http://www.apple.com/hotnews/articles/2001/03/imacdirector/.

[8-7] There are skeptics, however, about whether diversity will increase. Le Duc, for ex-
ample, argues that the real constraint on diversity in films is not the channels of distri-
bution, but rather the limited attention viewers have for stars. There are only so many
stars we can like; they are the true constraint on this mode of production; and as long as
that limit remains, the range of film will be restricted as well. Don R. Le Duc, _Beyond_
_Broadcasting:_Patterns_in_Policy_and_Law_ (New York: Longman, 1987), 128.

[8-8] On the risk of liability, see JaNet Kornblum, "Lyrics Site Takes Steps to Avoid Nap-
ster Woes," _USA_Today,_ December 12, 2000, available at http://www.usatoday.com/life/
cyber/tech/jk121200.htm.

[8-9] Tom Parsons, "World Wide Web Gives Poets, Poetry Room to Grow," _Dallas_Morn-_
_ing_News,_ July 30, 2000, 8J.

[8-10] For example, a Web site devoted to Chaucer uses multiple frames to navigate
quickly through _The_Canterbury_Tales_ and define the medieval English terms. See Li-
brarius at http://www.librarius.com/cantales.htm. Another site provides a high-tech mul-
timedia companion to the printed _Anthology_of_Modern_American_Poetry._ See Modern
American Poetry at http://www.english.uiuc.edu/maps.

[8-11] See Favorite Poem Project at http://www.favoritepoem.org (featuring readings of
famous poems read by individual Americans); Internet Poetry Archive at http://www.
ibiblio.org/ipa (offering modern poetry readings by the poets); and e-poets.net at
http://www.e-poets.net (featuring contemporary audio poetry).

[8-12] Free in the sense that I have defined the term. The technology is offered under a
nondiscriminatory license. The underlying technology is patented. See Brad King,
"MP3.com Open to Friends," _Wired_News,_ January 19, 2001, at http://www.wired.com/
news/mp3/0,1285,41195,00.html. "Vorbis" is an alternative to MP3 that is royalty free
and compresses more than the MP3 format does. Vito Pilieci, "MP3 May Go Way of
Eight-Track: Vorbis Audio File Players Would Be Free of Royalty, Patent Fees," _National_
_Post,_ June 29, 2000, C8. The licensing does, however, create problems for open code de-
velopers. See Wendy C. Freedman, "Open Source Movement Vies with Classic IP
Model, Free Software Is Bound to Have a Significant Effect on Patent, Copyright, Trade
Secret Suits," _National_Law_Journal_ 22 (March 13, 2000): B14.

[8-13] Telephone interview with Michael Robertson, November 16, 2000.

[8-14] Courtney Love, "Courtney Love Does the Math," _Salon_ (June 12, 2000): 5. Love
has offered a slightly exaggerated but illustrative description of how the market for music
now works:

____ This story is about a bidding-war band that gets a huge deal with a 20 percent royalty rate
____ and a million-dollar advance. (No bidding-war band ever got a 20 percent royalty, but
____ whatever.) This is my "funny" math based on some reality and I just want to qualify it by
____ saying I'm positive it's better math than what Edgar Bronfman Jr. [the president and
____ CEO of Seagram, which owns Polygram] would provide. What happens to that million
____ dollars? They spend half a million to record their album. That leaves the band with
____ $500,000. They pay $100,000 to their manager for 20 percent commission. They pay

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