29. Sonny Bono Copyright Term Extension Act, Pub. L. No. 105- 298, 112 Stat. 2827 (1998).
30. Brief of George A. Akerlof, Kenneth J. Arrow, Timothy F. Bresnahan, James M. Buchanan, Ronald H. Coase, Linda R. Cohen, Milton Friedman, Jerry R. Green, Robert W. Hahn, Thomas W. Hazlett, C. Scott Hemphill, Robert E. Litan, Roger G. Noll, Richard Schmalensee, Steven Shavell, Hal R. Varian, and Richard J. Zeckhauser as Amici Curiae In Support of Petitioners, Eldred v. Ashcroft, available at http://cyber .law.harvard.edu/openlaw/eldredvashcroft/supct/amici/economists. pdf.
31. U.S. Constitution, art. I, § 8, cl. 8.
32. "These are strong cases. I have shown you that, if the law had been what you are now going to make it, the finest prose work of fiction in the language, the finest biographical work in the language, would very probably have been suppressed. But I have stated my case weakly. The books which I have mentioned are singularly inoffensive books, books not touching on any of those questions which drive even wise men beyond the bounds of wisdom. There are books of a very different kind, books which are the rallying points of great political and religious parties. What is likely to happen if the copyright of one of these books should by descent or transfer come into the possession of some hostile zealot?" Macaulay Speech, 199, 206.
33. Ibid., 205.
34. Ibid., 206.
35. Margaret Mitchell, Gone With the Wind (New York: Macmillan, 1936).
36. SunTrust Bank v. Houghton Mifflin Co., 136 F. Supp. 2d 1357 (N.D.Ga. 2001). For thoughtful commentary see Jed Rubenfeld, "The Freedom of Imagination: Copyright's Constitutionality," Yale Law Journal 112 (2002): 1-60. Robert S. Boynton provides a beautifully readable account of copyright's restrictions in "The Tyranny of Copyright?" The New York Times Magazine (January 25, 2004): 40-45, available at http://www.nytimes.com/2004/01/25/magazine/25COPYRIGHT.html?ex=1 390366800&en= 9eb265b1f26e8b14&ei=5007&partner=USERLAND.
37. Yochai Benkler, "Through the Looking Glass: Alice and Constitutional Foundations of the Public Domain," Law and Contemporary Problems 66 (Winter-Spring 2003): 173.
38. SunTrust Bank v. Houghton Mifflin Co. 268 F.3d 1257 (11th Cir. 2001).