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We recently reported on the comments of the United States in the register of copyrights, Maria Pallante, in which he stated that "copyright is the first author and the second nation. " As great believers in the original intention

copyright, it's pretty horrible and bad. Yet, surprisingly, I found this particular post, which should have been entirely uncontested, really seemed to have the scales of some intellectual property lawyers, especially on Twitter. I will not repeat here, but, apparently, two prominent intellectual property lawyers chose to use Twitter to point out that article and launch personal insults my way. However, if challenged to support their position, they could not. And they are wrong.

The U.S. Constitution is quite clear about the purpose of power that gives Congress the Copyright Clause:

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. Now we often see people who falsely claim that this clause of the Constitution guarantees the rights of copyright (authors and inventors for patents). But this is not the case. It simply gives Congress the power to do the purpose expressed

to "promote the progress of science and useful arts." And in case you're wondering when originally written, the "science" part addressed to the copyright, and what it means to "learn." Returning to the original intent, which was certainly not designed to cover all types of creativity - but no doubt the law has changed over time.

I can not understand why so many people, especially those who are employed as intellectual property attorneys have many distinct problems

order

method . Yes, the clause gives Congress the right to create author - but a specific purpose: "to promote the progress of science." Nowhere is suggested, or even suspicion, the idea that copyright is to benefit the creators. Rather, it is method
. So to say that the protections of the author or exceed the benefits to the nation, is a clear flip-flop of the method for this purpose. Of course, do not just flip-flops of the method and purpose, but it completely distorts the nature of maximalist positions and copyright, shows his style, which gives no consideration to how the public benefits (or, more important, is to harm) from specific changes in copyright law.
Fortunately, regular commentator Karl, always full of quotes to support this point, Congress and the Supreme Court (in a comment to win our weekly prize for the most insightful comments) , but worth repeating and discuss:

The primary objective of copyright is to benefit

the public

a fact that was reiterated by Congress and the Supreme Court repeatedly:

The enactment of copyright by Congress under the terms of the Constitution is not based on natural right of the author in his writings, the Supreme Court ruled that these rights as has the rights are purely legal, but on the basis that the welfare of the population served and progress of science and useful arts will be promoted , s ensure that perpetrators of forr limited periods the exclusive right to their writings. The Constitution does not establish copyright, but provides that Congress shall have power to grant such rights if deemed necessary.

Not primarily for the benefit of the author, but primarily for the benefit of these public rights are given.

not a particular class of citizens, but worthy, may benefit, but because the policty is believed to be for the benefit of the Most people, that stimulate writing and invention, to give a bonus to authors and inventors

By adopting copyright , Congress must consider two questions: First, what will the legislation stimulate the producer

and thus benefit the public;

and second, how the monopoly granted to the detriment the public The . exclusive rights under the terms and conditions, benefits cofers the public that outweighs the evils of the temporary monopoly - RH Rep. No. 60-2222

may seem unfair that most of the fruits of labor of the compiler can be used by others without compensation. As Justice Brennan has correctly observed, however, this is not an "unforeseen byproduct of a statutory scheme." ... It is, rather, "the essence of copyright". .. and a constitutional requirement. The primary objective of copyright not to honor the work of authors, , but "to promote the progress of science and useful arts." - Feist v. Rural

The limited scope of the legal monopoly of the owner of copyright, as the duration of copyright required limited by the Constitution, reflects a balance of

competing claims on public interest:

Creative work should be encouraged and rewarded, but private motivation ultimately must serve the cause of promoting the availability of the general public literature, music and other arts. The immediate effect of our copyright law is to ensure a fair return for creative work of an "author". But the ultimate goal is, by this incentive, to stimulate artistic creativity

the general public.


- Aiken v twentieth century music
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