3 ms·
Correct, but the 1st is stronger. This is why fair use even exists. In order to coexist with the first amendment, the copyright clause must allow some wiggle ro
by EMIRELADERO 3y ago
Correct, but the 1st is stronger. This is why fair use even exists. In order to coexist with the first amendment, the copyright clause must allow some wiggle room for freedom of expression and balancing the rightsholder's interests with society's.
Since these "safety valves" exist even for enforcement of the copyrights of private parties, a state government's enforcement would be even more, if not entirely thwarted by the free speech clause.
- tptacek 3y agoThe Copyright Clause is explicit about the authority of Congress to grant exclusivity. You're not going to get anywhere with an argument that it contravenes the First Amendment. They were ratified almost simultaneously.
- deleted 3y ago[deleted]