Copyright Clause of the United States Constitution

E748471

The Copyright Clause of the United States Constitution is the provision that empowers Congress to grant authors exclusive rights to their writings for limited times in order to promote the progress of knowledge and the arts.

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Statements (48)

Predicate Object
instanceOf constitutional clause
intellectual property clause
alsoKnownAs Intellectual Property Clause NERFINISHED
Patent and Copyright Clause NERFINISHED
Progress Clause NERFINISHED
appliesTo authors
inventors
basisFor federal preemption of state copyright-like laws
categoryOfBeneficiaries authors of original works of authorship
inventors of new and useful inventions
constitutionalSourceFor exclusive rights in discoveries
exclusive rights in writings
country United States of America
surface form: United States
distinguishes public domain from exclusive rights
empowers Congress to grant copyrights
Congress to grant patents
grants exclusive rights to authors for their writings
exclusive rights to inventors for their discoveries
grantsPowerTo United States Congress NERFINISHED
historicalContext drafted at the Constitutional Convention of 1787
inspired the first federal copyright statute, the Copyright Act of 1790 NERFINISHED
the first federal patent statute, the Patent Act of 1790 NERFINISHED
interpretedBy Supreme Court of the United States
jurisdiction United States government
surface form: United States federal government
keyCase Eldred v. Ashcroft NERFINISHED
Feist Publications, Inc. v. Rural Telephone Service Co. NERFINISHED
Golan v. Holder NERFINISHED
Harper & Row v. Nation Enterprises NERFINISHED
Mazer v. Stein NERFINISHED
Sony Corp. of America v. Universal City Studios, Inc. NERFINISHED
languageOrigin influenced by early state copyright statutes
legalDomain copyright law
intellectual property law
patent law
limits Congress from granting perpetual copyrights
locatedInText Article I, Section 8, Clause 8 of the United States Constitution NERFINISHED
partOf Article I of the United States Constitution NERFINISHED
Article I, Section 8 of the United States Constitution NERFINISHED
policyGoal encouragement of creative expression
encouragement of scientific and technological innovation
purpose to promote the progress of science and useful arts
requires eventual entry of works into the public domain
limited times for exclusive rights
setsConstraintOn duration of copyright protection
scope of federal copyright power
text 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
underpins Title 17 of the United States Code NERFINISHED
Title 35 of the United States Code NERFINISHED

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Patent Clause of the United States Constitution relatedTo Copyright Clause of the United States Constitution