Also known as:limited time · limited duration · finite term
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional limitation requiring that copyrights and patents endure only for a finite period rather than in perpetuity. The clause ensures that exclusive rights eventually expire so that works and inventions enter the public domain for unrestricted use.
Sources & Authorities
How it applies
Common Examples
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Copyright Term Extension Challenge
Lillian Locke publishes a novel in 1925. Congress later extends the copyright term by twenty years. When the original term would have expired, a publisher begins reprinting the work. Lillian's heirs sue for infringement. The court holds that the extension complies with the limited-times requirement because the Constitution permits Congress to set and adjust finite durations without creating perpetual rights.
Corporate Duration Amendment
Linden Logistics was formed under an old statute requiring corporations to dissolve after fifty years. The board amends the articles to extend existence indefinitely. Shareholders challenge the change. The court upholds the amendment because the statute expressly authorizes boards to remove prior limited-duration restrictions, allowing the entity to operate without a fixed end date.
Select any source to read its text and confirm it supports the definition.
Model Codes
Restatements
Casebooks
Study Supplements
Expired Copyright Reuse
Lars Lindstrom creates a bookkeeping system described in a book whose copyright has expired. A competitor copies the system itself. Lars sues for infringement. The court dismisses the claim because the limited times of protection have ended, placing both the description and the underlying method in the public domain.
Baker v. Selden101 U.S. 99, 105 (1880)
Public Domain Photograph Use
Lena Lawson publishes a photograph whose copyright term has run. A magazine reprints the image without permission. Lena sues for infringement and right-of-publicity violations. The court rules that once the limited times expire, the image enters the public domain and may be used freely without liability.
Time, Inc. v. Firestone424 U.S. 448 (1976)
Design Patent Expiration
Leo Lynch obtains a design patent for a lamp that lasts the statutory term. After expiration, a competitor sells identical lamps. Leo sues under state unfair-competition law. The court holds that the limited times of the federal patent have ended, so state law cannot extend protection beyond the constitutional boundary.
Sears, Roebuck & Co. v. Stiffel Co.376 U.S. 225 (1964)
Mineral Interest Lapse
Lucy Liu owns severed mineral rights that automatically terminate after twenty years of nonuse under state law. A drilling company begins operations after the period expires. Lucy sues to quiet title. The court upholds the lapse because the limited times of the interest have run, returning the rights to the surface owner without violating constitutional protections.
Texaco, Inc. v. Short454 U.S. 516, 534 (1982)
Common questions
Frequently Asked
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Does the limited-times requirement prevent Congress from extending existing copyright terms?+
The requirement permits extensions of existing terms so long as each term remains finite. Congress may add years to current copyrights without creating perpetual protection, provided the new duration stays within constitutional bounds.
Supporting sources
What happens to a work once its limited times of copyright protection expire?+
The work enters the public domain. Anyone may copy, distribute, or adapt it without permission or payment because the exclusive rights have ended.
Supporting sources
Can states use unfair-competition laws to protect designs after a federal patent term expires?+
No. Once the limited times of the patent end, states cannot extend protection through their own laws because that would conflict with the constitutional boundary on exclusive rights.
505 U.S. 1003 (1992)Property
…deprived petitioner of the use of his land in an interim period. § 48-39-290(A). If this deprivation amounts to a taking, its limited duration will not bar constitutional relief. It is well established that temporary takings are as protected by the Constitution as are permanent ones. First English Evangelical Lutheran Church of…