Here are some interesting notes from Sony v Universal... the suit against Betamax back in 83. It should be clear looking at the Constitution that the intent of copyright law was to promote progress by granting a copyright holder a SHORT-LIVED monopoly on their intellectual property. It was never intended to protect those rights forever. That the law seems to have mutated in this direction shows it's been hijacked by those special interests who now believe they are entitled to profits copyright law never intended to protect.
Quote:
Article I, 8, of the Constitution provides:
"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." [464 U.S. 417, 429]
The monopoly privileges that Congress may authorize are neither unlimited nor primarily designed to provide a special private benefit. Rather, the limited grant is a means by which an important public purpose may be achieved. It is intended to motivate the creative activity of authors and inventors by the provision of a special reward, and to allow the public access to the products of their genius after the limited period of exclusive control has expired. |
http://caselaw.lp.findlaw.com/script...=464&invol=417