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Do you have a source for that? I don't see anything in the US constitution being remotely close to Intellectual Property protection. It does have several protec
by roblabla 3y ago
Do you have a source for that? I don't see anything in the US constitution being remotely close to Intellectual Property protection. It does have several protection on property, but I'm pretty sure it's talking about the physical kind.
- zmgsabst 3y agoArticle I, Section 8, Clause 8: > “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.” https://constitution.congress.gov/browse/article-1/section-8/clause-8/ https://constitution.congress.gov/browse/article-1/section-8...
- ncallaway 3y agoThat is a power granted to congress, not a constitutional right. That is, the constitution grants Congress the authority to create a legislative IP right. It does not create a constitutional IP right. You can tell, because Congress could say: “stuff it, no IP rights for anyone. Copyright no longer exists for new works”, and that would be constitutional.
- Retric 3y agoPeople interpret the constitution in different ways, but this is commonly interpreted as a requirement not just a power. Critically, this stuff is interpreted by the Supreme Court not simply anyone so someone could bring a case should congress fail to provide any protection. Thus congress could specify that copyright only lasts for 1 month, but they can’t just ignore it or set it to 1 second without the courts getting involved.