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Because copyright limits free expression, and so would violate the first amendment.
by sabat 16y ago
Because copyright limits free expression, and so would violate the first amendment.
- Symmetry 16y agoBut if that were (legally) true, wouldn't that mean we couldn't have copyright at all, even with the enumerated power? I mean, if there was an enumerate power saying congress had the ability to regulate political speech I'd assume the first amendment would have taken precedence over that. But then again IANAL.
- Natsu 16y agoAs I understand it, they don't believe that the 1st Amendment was meant to supersede the Copyright Clause itself, but they acknowledge that they exist "in tension" so they try to find a balance between the two, rather than jettisoning the Copyright Clause in favor of the 1st Amendment. That said, IANAL, so listen to grellas if he corrects me.
- sabat 16y agoWe can have copyright because the constitution says we can -- a limited monopoly for an artist for his inventions and creations. If that wasn't there, then the first amendment would preclude us from claiming rights over intangible works. Google around and you'll find letters from Thomas Jefferson discussing this issue in depth. Amazingly insightful stuff he wrote.