While the copyright monopoly has many different origins that have come together under this umbrella of hodgepodge different monopolies, few copyright monopoly laws are as clear on its purpose as the one in the United States of America. In its Constitution, we read the following: [Congress has 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. This passage is notable for a number of different things. We begin by noting it says that Congress has the power, and not the obligation, to create this monopoly. Thus, the US Congress could abolish the monopoly tomorrow if there was political will. Those who claim that the copyright monopoly is “constitutionally guaranteed” are simply wrong. One hundred percent, 180 degrees wrong.

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Revisiting The Purpose Of The Copyright Monopoly: Science And The Useful Arts