PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

The Constitutional Copyright Clause, Philadelphia, Pennsylvania (1789)

Source: The National Archives

Citation:
The Constitutional Copyright Clause, Philadelphia, Pennsylvania (1789), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Back | Record | Images | Commentaries: [1]
Record-ID: us_1789

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_us_1789

Full title:
The Constitution of the United States of America, Art. 1, §8, cl. 8.

Full title original language:
N/A

Abstract:
A Clause of the United States Constitution vesting Congress with power to legislate in the field of copyright and patent. The commentary describes the events that led to the inclusion of the clause in the U.S. Constitution and discusses the information known about the intellectual origins of the clause. The commentary also describes the central status occupied by the clause in American intellectual property discourse and the historical development leading to it.

1 Commentary:
commentary_us_1789

Bibliography:
  • Walterscheid, Edward C. The Nature of the Intellectual Property Clause: A Study in Historical Perspective. Buffalo, N.Y.: W.S. Hein, 2002.

  • Patterson, Lyman Ray and Craig Joyce. 'Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the U.S. Constitution.' Emory Law Journal 52 (2003): 909-952.

  • Oliar, Dotan. 'Making Sense of the Intellectual Property Clause: Promotion of Progress as a Limitation on Congress's Intellectual Property Power.' Georgetown Law Journal 94 (2006): 1771-1845.

  • Bugbee, Bruce Willis. The Genesis of American Patent and Copyright Law. Washington: Public Affairs Press, 1967.


Related documents in this database:
1783: Continental Congress Resolution
1787: Constitutional Convention Journal Entry
1787: Madison's Journal Record
1787: Madison's Edited Journal Record
1788: The Federalist No. 43
1789: Ramsay's Petiton House Record
1789: Ramsay's Petition
1834: Wheaton v. Peters Independent Report

Author: N/A

Publisher: N/A

Year: 1789

Location: Philadelphia, Pennsylvania

Language: English

Source: The National Archives

Persons referred to:
N/A

Places referred to:
N/A

Cases referred to:
N/A

Institutions referred to:
U.S. Congress

Legislation:
U.S. Constitutional Copyright Clause 1789

Keywords:
authors' remuneration
common law copyright
constitution, US
incentives
inventors
natural rights
patents, for invention
property theory, authors' property
states, US
utility

Responsible editor: Oren Bracha


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Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK