> My understanding of the US Constitution with respect to Copyright is
> that it places specific limits on what Congress can and cannot legislate.
> Therefore, in constitutional terms, Congress cannot take "a view" that
> copyright is "purely a means to an end" without amending the constitution.
> Also, the US constitution as far as I read it means that copyright is not
> "property" but a limited monopoly allowed to authors, etc. Of course, what
> the constitution states and the reality of Congress' actions are as
> different in this case as in other areas.
>
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This is not a helpful view. To be sure the copyright power is limited by the constitution but only in very general terms. Indeed the constitution makes copyright a means to an end "to promote the progress of science and the useful arts".
Harvey Perlman
University of Nebraska.
<hperlman[_at_]unlinfo.unl.edu>
Received on Fri Apr 08 1994 - 01:43:25 GMT
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