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>The US Constitution set copyright originally No, that's not correct. 14 years was the original term set by law not the Constitution, and the difference is imp
by xoa 6y ago
>The US Constitution set copyright originally
No, that's not correct. 14 years was the original term set by law not the Constitution, and the difference is important. Copyright and patents do not formally exist in the US Constitution, because IP was a contentious issue even then. Instead there is a clause that empowers Congress to decide to do so if they wish, but there is no requirement. Article 1 Section 8 Clause 8 says Congress shall have 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."
But there is nothing specific set out in the Constitution. If there was, it'd be near impossible to change at this point, for better or worse. On the one hand that might mean we'd have much shorter terms then now. On the other hand, it would also mean that if the courts had gone similarly badly in deciding stuff like software patents it'd be near totally hopeless, rather than merely very difficult, to reform. But since it's all down to "merely" legislation Congress could completely change things around on a dime through normal law if there was the political will for it. Though note another complexity is that the US has signed treaties around certain parts of IP as well, including minimum terms. While those too can be renegotiated, or revoked by Congress, it's a higher domestic political and geopolitical bar.
There are lots of interesting reform proposals, within various bounds of feasibility. Hopefully one of them can take off at some point and momentum can slowly start building to go in the other direction then the maximalist positions taken for the last few decades.