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How big a deal is harmonizing things across state lines? If no federal constitutional dictates are being violated does harmonization just amount to a convenien

How big a deal is harmonizing things across state lines? If no federal constitutional dictates are being violated does harmonization just amount to a convenience for big companies, at the expense of local self rule as per the constitution? Worst case you end up with multi-nationals bribing one set of federal politicians to get national laws enshrined. One stop corruption.

yieldcrv 3y ago
not that big of a deal? the regulation of interstate commerce is an unlimited dictate thats also part of the constitution, as all commerce is interstate commerce for the last century there is no federalism left in this country outside of what the federal government merely tolerates from the states, and in the parallel judicial systems against persons there is no prioritization of “local self rule”, an ethos of the original republic and 10th amendment, the federal government has subjugated all states since then and throws them a bone here and there since it technically derives support from the collection of states with that in mind, this specific industry of image and likeness releases has been long overdue for one framework to rule them all. the issue isnt big companies, its small operators and enthusiasts that dont really know what text to put in their release forms and always have been operating in multiple states.
Animats 3y ago
There's a constitutional question. Congress does not have the authority to create new forms of intellectual property. Copyrights and patents, that's it. That's why the US doesn't have database copyright. States can go further. States have a "general police power" - they can make almost anything illegal.
- yieldcrv 3y ago
  uhhhh congress can do that if it wanted it can recognize any forms of property including IP the stuff about copyrights and patents isn’t mentioned in the constitution, those are forms of IP Congress passed as instructed by the article of the constitution to promote arts and science by granting temporary monopolies
  - aidenn0 3y ago
    Not quite true; it is constrained by the constitution's use of the term "Writings and Discoveries" which is why copyright requires the work to be in a "fixed form"
    - yieldcrv 3y ago
      yes, just for the temporary monopolies thing. but outside of that article it can recognize any kind of asset for at least regulation
  - Animats 3y ago
    Sigh. Yes, it is mentioned in the US Constitution. U.S. Constitution, Article I, section 8: The Congress shall have 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; That's where copyrights and patents come from. It's an enumerated power, and Congress is limited to what's written there. Congress can't create entirely new kinds of intellectual property. See Feist vs. Rural Telephone.
    - yieldcrv 3y ago
      yeah we’re quoting the same article. we agree on that. and new kinds of IP for a temporary monopoly is not the argument. That article is only about temporary monopolies. outside of that, congress can recognize and regulate any aspect of interstate commerce, including the trade of assets it didnt previously know about or recognize. which is a different enumerated power.

yieldcrv 3y ago

not that big of a deal? the regulation of interstate commerce is an unlimited dictate thats also part of the constitution, as all commerce is interstate commerce for the last century there is no federalism left in this country outside of what the federal government merely tolerates from the states, and in the parallel judicial systems against persons there is no prioritization of “local self rule”, an ethos of the original republic and 10th amendment, the federal government has subjugated all states since then and throws them a bone here and there since it technically derives support from the collection of states with that in mind, this specific industry of image and likeness releases has been long overdue for one framework to rule them all. the issue isnt big companies, its small operators and enthusiasts that dont really know what text to put in their release forms and always have been operating in multiple states.

Animats 3y ago

There's a constitutional question. Congress does not have the authority to create new forms of intellectual property. Copyrights and patents, that's it. That's why the US doesn't have database copyright. States can go further. States have a "general police power" - they can make almost anything illegal.

yieldcrv 3y ago
uhhhh congress can do that if it wanted it can recognize any forms of property including IP the stuff about copyrights and patents isn’t mentioned in the constitution, those are forms of IP Congress passed as instructed by the article of the constitution to promote arts and science by granting temporary monopolies
- aidenn0 3y ago
  Not quite true; it is constrained by the constitution's use of the term "Writings and Discoveries" which is why copyright requires the work to be in a "fixed form"
  - yieldcrv 3y ago
    yes, just for the temporary monopolies thing. but outside of that article it can recognize any kind of asset for at least regulation
- Animats 3y ago
  Sigh. Yes, it is mentioned in the US Constitution. U.S. Constitution, Article I, section 8: The Congress shall have 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; That's where copyrights and patents come from. It's an enumerated power, and Congress is limited to what's written there. Congress can't create entirely new kinds of intellectual property. See Feist vs. Rural Telephone.
  - yieldcrv 3y ago
    yeah we’re quoting the same article. we agree on that. and new kinds of IP for a temporary monopoly is not the argument. That article is only about temporary monopolies. outside of that, congress can recognize and regulate any aspect of interstate commerce, including the trade of assets it didnt previously know about or recognize. which is a different enumerated power.