Copyright Clause
Encyclopedia
Article I, Section 8
, Clause 8 of the United States Constitution
, known as the Copyright Clause, empowers the United States Congress
:
. Three such proposals made on that day addressed what are now lumped together under intellectual property rights
. One, by Charles Pinckney
was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison
, who had previously served on a committee of the Congress established under the Articles of Confederation
which had encouraged the individual states to adopt copyright legislation. Madison proposed that the Constitution permit Congress "to secure to literary authors their copyrights for a limited time", or, in the alternative, "to encourage, by proper premiums & Provisions, the advancement of useful knowledge and discoveries".
Both proposals were referred to the Committee of Detail
, which reported back on September 5, 1787 with a proposal containing the current language of the clause. No record exists to explain the exact choice of words selected by the Committee on Detail, whose task was essentially no more than creating a draft Constitution by arranging the proposals that had been made into the most appropriate language. On September 17, 1787, the members of the Convention unanimously agreed to the proposed language, without debate, and this language was incorporated into the Constitution.
, and the power to secure for limited times to inventors the exclusive rights to their discoveries is the basis for U.S. patent law
. Because the clause contains no language under which Congress may protect trademark
s, those are instead protected under the Commerce Clause
. Some terms in the clause are used in archaic meanings, potentially confusing modern readers. For example, "useful Arts" does not refer to artistic endeavors, but rather to the work of artisan
s, people skilled in a manufacturing craft; "Science" is not limited to fields of modern scientific inquiry, but to all knowledge, including philosophy and literature.
The Copyright Clause is the only clause granting power to Congress for which the means to accomplish its stated purpose are specifically provided. The exact limitations of this clause have been defined through a number of United States Supreme Court cases interpreting the text. For example, the Court has determined that because the purpose of the clause is to stimulate development of the works it protects, its application cannot result in inhibiting such progress. However, there has been a countervailing strain in the courts that has promoted a varying view.
Furthermore, the clause only permits protection of the writings of authors and the discoveries of inventors. Hence, writings may only be protected to the extent that they are original, and "inventions" must be truly inventive and not merely obvious improvements on existing knowledge. The term "writings of authors" appears to exclude non-human authorship such as painting by chimpanzees and computer code written by programmed computers, but the issue has not been tested in litigation.
Although perpetual copyrights and patents are prohibited—the language specifies "limited times"—the Supreme Court has ruled in Eldred v. Ashcroft
(2003) that repeated extensions to the term of copyright do not constitute a perpetual copyright. In that case, the United States Supreme Court rejected a challenge to the Sonny Bono Copyright Term Extension Act
, also known pejoratively as the "Mickey Mouse Protection Act." Petitioners in that case argued that successive retroactive extensions of copyright were functionally unlimited and hence violated the limited times language of the clause. Justice Ginsburg
, writing for the Court, rejected this argument, reasoning that the terms provided by the Act were limited in duration and noted that Congress had a long history of granting retroactive extensions.
Enumerated powers
The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of...
, Clause 8 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, known as the Copyright Clause, empowers the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
:
Other Terms
This clause is also referred to as:- Copyright and Patent Clause
- Patent and Copyright Clause
- Intellectual Property Clause
- Progress Clause
History
On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of entertaining proposals to establish what would become the enumerated powers of the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. Three such proposals made on that day addressed what are now lumped together under intellectual property rights
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
. One, by Charles Pinckney
Charles Pinckney (governor)
Charles Pinckney was an American politician who was a signer of the United States Constitution, the 37th Governor of South Carolina, a Senator and a member of the House of Representatives...
was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
, who had previously served on a committee of the Congress established under the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
which had encouraged the individual states to adopt copyright legislation. Madison proposed that the Constitution permit Congress "to secure to literary authors their copyrights for a limited time", or, in the alternative, "to encourage, by proper premiums & Provisions, the advancement of useful knowledge and discoveries".
Both proposals were referred to the Committee of Detail
Committee of Detail
The Committee of Detail was a committee established by the Philadelphia Convention on June 23, 1787 to put down a draft text reflecting the agreements made by the Convention up to that point, including the Virginia Plan's 15 resolutions. It was chaired by John Rutledge, and other members included...
, which reported back on September 5, 1787 with a proposal containing the current language of the clause. No record exists to explain the exact choice of words selected by the Committee on Detail, whose task was essentially no more than creating a draft Constitution by arranging the proposals that had been made into the most appropriate language. On September 17, 1787, the members of the Convention unanimously agreed to the proposed language, without debate, and this language was incorporated into the Constitution.
Effect
The clause actually confers two distinct powers: the power to secure for limited times to authors the exclusive right to their writings is the basis for U.S. copyright lawUnited States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, and the power to secure for limited times to inventors the exclusive rights to their discoveries is the basis for U.S. patent law
United States patent law
United States patent law was established "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;" as provided by the United States Constitution. Congress implemented these...
. Because the clause contains no language under which Congress may protect trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s, those are instead protected under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
. Some terms in the clause are used in archaic meanings, potentially confusing modern readers. For example, "useful Arts" does not refer to artistic endeavors, but rather to the work of artisan
Artisan
An artisan is a skilled manual worker who makes items that may be functional or strictly decorative, including furniture, clothing, jewellery, household items, and tools...
s, people skilled in a manufacturing craft; "Science" is not limited to fields of modern scientific inquiry, but to all knowledge, including philosophy and literature.
The Copyright Clause is the only clause granting power to Congress for which the means to accomplish its stated purpose are specifically provided. The exact limitations of this clause have been defined through a number of United States Supreme Court cases interpreting the text. For example, the Court has determined that because the purpose of the clause is to stimulate development of the works it protects, its application cannot result in inhibiting such progress. However, there has been a countervailing strain in the courts that has promoted a varying view.
Furthermore, the clause only permits protection of the writings of authors and the discoveries of inventors. Hence, writings may only be protected to the extent that they are original, and "inventions" must be truly inventive and not merely obvious improvements on existing knowledge. The term "writings of authors" appears to exclude non-human authorship such as painting by chimpanzees and computer code written by programmed computers, but the issue has not been tested in litigation.
Although perpetual copyrights and patents are prohibited—the language specifies "limited times"—the Supreme Court has ruled in Eldred v. Ashcroft
Eldred v. Ashcroft
Eldred v. Ashcroft, was a court case in the United States challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act...
(2003) that repeated extensions to the term of copyright do not constitute a perpetual copyright. In that case, the United States Supreme Court rejected a challenge to the Sonny Bono Copyright Term Extension Act
Copyright Term Extension Act
The Copyright Term Extension Act of 1998 extended copyright terms in the United States by 20 years. Since the Copyright Act of 1976, copyright would last for the life of the author plus 50 years, or 75 years for a work of corporate authorship...
, also known pejoratively as the "Mickey Mouse Protection Act." Petitioners in that case argued that successive retroactive extensions of copyright were functionally unlimited and hence violated the limited times language of the clause. Justice Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
, writing for the Court, rejected this argument, reasoning that the terms provided by the Act were limited in duration and noted that Congress had a long history of granting retroactive extensions.
See also
- United States ConstitutionUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
- United States copyright lawUnited States copyright lawThe copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
- United States patent lawUnited States patent lawUnited States patent law was established "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;" as provided by the United States Constitution. Congress implemented these...