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Hmm... It seems to me that the patent and copyright laws do not give any rights to anyone, they restrict others from making and selling unauthorized copies of the creations of inventors and authors. You can make and make copies of what you create without need of the law. What the law is needed for is to prevent others from making copies. By preventing all others but the inventor/author from copying and selling the inventor's or author's creation (since you don't want to call it their property) you are creating a temporary market environment that provides some insurance that the original creator of the product being marketed, can bring their unique product to market, without others undercutting their sales.
They are not being given any rights (the First Amendment just codifies the right they already have) Those who would make use of someone else's creation, without mutually agreed compensation, could easily be considered thiefs. Those who do so in a manner that actually harms the ability for the creator of the product to realize a return, would be violating the intent and letter of these laws.
Luck;
Ken
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