The copyright clause in Art. I as others have observed is similar in structure to the Second Amendment. Both have a justification clause.
The copyright clause:
"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"
The Supreme Court has held that 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." (http://caselaw.lp.findlaw.com/data/...ticle01/39.html)
Thus, the Court appears to have used a justification clause to limit the scope of who may be granted a copyright.
Obviously, the Court could interpret the 2A the same way.
I would like to hear comments from attorneys regarding this.
Folks, please spare me the references to U.S. v. Verdugo-Urquidez (1990) and of course Miller. Also, please spare me the quotes from the Founders etc. Yes, I do believe it was the original intent of the Founders to preserve an indvidual right, so there's no need to discuss that. I'm interested in the reconciliation between the copyright caselaw and 2nd Amendment legal interpretation.
The copyright clause:
"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"
The Supreme Court has held that 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." (http://caselaw.lp.findlaw.com/data/...ticle01/39.html)
Thus, the Court appears to have used a justification clause to limit the scope of who may be granted a copyright.
Obviously, the Court could interpret the 2A the same way.
I would like to hear comments from attorneys regarding this.
Folks, please spare me the references to U.S. v. Verdugo-Urquidez (1990) and of course Miller. Also, please spare me the quotes from the Founders etc. Yes, I do believe it was the original intent of the Founders to preserve an indvidual right, so there's no need to discuss that. I'm interested in the reconciliation between the copyright caselaw and 2nd Amendment legal interpretation.