| The founding fathers recognized that everyone would benefit if creative people were encouraged to create new intellectual and artistic works. Copyright is established in the words of Article I, Section 8, of the United States Constitution: 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.
This clause is the foundation upon which the national patent and copyright laws rest, although it does not use either of those terms.
Limited Power of Congress
The power of Congress is limited with regard to both subject matter and to the purpose and duration of the rights granted. Only the writings and discoveries of authors and inventors may be protected, and then only to the end of promoting science and the useful arts.
Primary Purpose of Copyright
The primary purpose of copyright is not to reward the author, but to secure general benefits derived by the public from the labors of authors. The Supreme Court, in Mazer v. Stein, stated the purpose as follows:
"The economic philosophy behind the clause empowering Congress to grant patents and copyrights is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in 'Science and useful Arts.' Thus, the authorization to grant to individual authors the limited monopoly of copyright is predicated upon the both the premise that the public benefits from the creative activities of authors and that the copyright monopoly is necessary to the realization of creative activities."
Originality and Renewal
The concept of originality is central to copyright, and it is a constitutional requirement Congress may not exceed. While Congress may grant exclusive rights only for a limited period, it may extend the term upon the expiration of the period originally specified, and in so doing may protect the rights of purchasers and assignees.
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