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The US constitution grants congress the ability to create copyright ("To promote the progress of science and useful arts, by securing for limited times to autho
by gpm 3y ago
The US constitution grants congress the ability to create copyright ("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 it doesn't create copyright law itself. That's a broad clause that gives Congress pretty free reign to change how copyright is defined.
- rvcdbn 3y agoConstitutionality is also about how previous cases have been evaluated for example see the bit about how photography copyright was established here: https://constitution.congress.gov/browse/essay/artI-S8-C8-3-1/ALDE_00013063/ https://constitution.congress.gov/browse/essay/artI-S8-C8-3-...
- rvcdbn 3y agospecifically: > A century later, in Feist Publications v. Rural Telephone Service Co., the Supreme Court confirmed that originality is a constitutional requirement