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May 19, 2005

The office of the U.S. Register of Copyrights recently released its annual report for 2004. Along with some useful information about the office's function, the report includes a sort of editorial about the copyright system, entitled "Copyright in the Public Eye." The editorial displays a surprising misunderstanding of the purposes of copyright.

Consider, for example, this sentence:

The Founders knew what they were doing when they made explicit that Congress was to secure to authors an "exclusive Right." They understood that individual rights, especially property-like rights, were the key to establishing a stable and productive society.

ubtle rewriting of the Constitutional language. The Constitution does not direct Congress to establish copyright, but merely allows it to do so. Let's be clear: the implication that the Founders would approve of today's copyright statute finds no real support in the historical record. The first Congress passed a copyright act, and it was vastly narrower than the one we have today.

The Constitution allows Congress to do other things, too, such as imposing taxes and regulating interstate commerce. But nobody would argue that the Founders wanted the broadest possible taxation and regulation. The Founders trusted Congress to use its power judiciously, in copyright as in other areas.
Originally posted by exiledsurfer from del.icio.us/tag/unmediated, remediated by yatta on May 19, 2005 at 12:43 PM