Just to continue my earlier post on the history of the copyright,
Under the U.S. Constitution art. I, § 8, cl. 8 (1787), Congress has the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Without this constitutional grant of authority, it would be an open question (other Congressional powers such as the Commerce Clause could probably be read to allow it) whether the U.S. Congress has the authority to adopt a copyright legislation. The corollary is that the Congress's copyright-legislating authority is limited by the IP clause of the Constitution.
Note the words "limited times" and "to promote the progress of science and useful arts." Initially (U.S. Copyright Act of 1790), these words had meaning (14 years from the first publication that had to include the copyright statement and another 14 years if the copyright was renewed). In other words, the most likely beneficiary under the 1790 Act was the actual author. Now, the beneficiaries are corporations and author's progeny.
Now the Congress and the courts appear to have interpreted these words to mean "for as long as Disney (or put your favorite) company is in existence."
Last edited by osnova; 11-28-2009 at 06:08 PM.
|