Re: Re: concern at copyright ruling
Lee Passey <[email protected]>
| Newsgroups | gmane.culture.literature.ebook-community |
|---|---|
| Message-ID | <[email protected]> |
On 3/21/2013 9:27 AM, josephHarris wrote:
> [which must, in my opinion, be a
> right if the US Constitutional copyright entitlement is truly exclusive].
As a legal clarification, in the United States there is no
constitutional copyright entitlement. Article 1, Section 8 states that
Congress /shall have the power/ to "secure for limited time to Authors
... the exclusive Right to their ... Writings..." This clause does not
/mandate/ copyright protection, it only /permits/ it, and only to the
degree that Congress deems appropriate. Presumably this enumeration was
required to allow Congress to act as otherwise copyright law would have
been reserved to individual state governments.
U.S. Copyright law enjoys no precedence over any other Federal statute,
or even the civil common law. It applies only to reproduction of
copyrighted works, but does not restrict in any way the use or transfer
of physical artifacts created in conformance to the law. The United
States has generally rejected the notion of Moral Rights common in most
western European countries, as a part of copyright law, deeming them to
be adequately protected by laws covering libel and slander.
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