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- Newsgroups: misc.int-property
- Path: sparky!uunet!walter!att-out!pacbell.com!sgiblab!zaphod.mps.ohio-state.edu!malgudi.oar.net!news.ans.net!cmcl2!panix!sbarber
- From: sbarber@panix.com (Steve Barber)
- Subject: Re: Crosley Bendix (Negativland) Discusses The Copyright Act
- Message-ID: <1992Nov12.150019.26749@panix.com>
- Date: Thu, 12 Nov 1992 15:00:19 GMT
- References: <TSDAVIES.92Nov9230909@mothra.syr.EDU> <1992Nov10.93616.19134@ms.uky.edu>
- Organization: PANIX Public Access Unix, NYC
- Keywords: Copyright,Negativland,U2,lawsuit,reform
- Lines: 40
-
- In <1992Nov10.93616.19134@ms.uky.edu> morgan@engr.uky.edu (Wes Morgan) writes:
- >. . . , but I believe that we
- >should have an exclusive right <as guaranteed in the Constitution> to our
- >works.
-
- Actually, exclusive rights to works are not "guaranteed in the
- Constitution." According to Article 1, Section 8, cl. 8, Congress has
- the power to grant these rights.
-
- "The Congress shall have the power . . . 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[.]"
-
- They have granted these rights, so we have them. At the moment.
- Congress also has the power to limit or even entirely eliminate such
- rights. So, while the power to grant such rights is constitutional,
- the rights themselves are merely statutory, and could be repealed
- tomorrow if the Congress (and maybe the President) so chose.
-
- The majority of copyright scholars in the United States agree that
- copyright is fundamentally economic in its foundations and
- application, and reject the personality theories that underlie some
- people's claims to their intellectual property.
-
- Thus, if a case could be convincingly made that appropriation art was
- in the economic interest of the country and that it did not discourage
- the production and dissemination of new works, then and only then would
- it be appropriate to modify the Copyright act to allow it.
-
- Of course, the supporters of such a proposal would have to outspend
- Time-Warner and Sony for the hearts of Congresspeople, but that's just
- an implementation detail.
-
-
- --
- Steve Barber sbarber@panix.com
- "The direct deed is the most meaningful reflection." - Bill Evans
- Nothing I say is legal advice. It can't be. I don't know anything.
-
-