Challenges are evaluated "against the backdrop of Congress's previous exercises of its authority under the Copyright Clause" of the Constitution, it wrote.
The Copyright Clause is the only clause granting power to Congress for which the means to accomplish its stated purpose are specifically provided.
De Wolf is also noted as one of the earliest scholars to suggest a completely disjunctive reading of the Copyright Clause.
And would doing so violate the limited times restriction in the Copyright Clause of the Constitution?
The Copyright Clause imposes certain restrictions on Congress s ability to enact copyright legislation.
These proposals are the origin of the Copyright Clause in the United States Constitution.
The Paper contains the only reference to the Copyright Clause in the Federalist Papers.
Check Lobbying for Subversion of the Copyright Clause by effectively removing the "Limited time" requirement?
"It seems to me Congress either had the power to do this under the Copyright Clause or it didn't," he said.
The court held that photographs were "writings" within the meaning of the Copyright Clause.