The jurisdiction in which it makes the most sense to reform copyright law so that it supports, rather than deters, access to research and scholarship is the United States. After all, the country’s Constitution empowers Congress “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 only other thing the Constitution seeks to “promote” is the country’s “lasting Welfare.”
Yet U.S. copyright law today violates this constitutional imperative. The evidence that copyright law is not promoting the progress of science comes from the federal government, academic community, legal profession, and publishing industry. It has been mounting over the last two decades, and while I plan to spend the coming year building a case for legal reform, let me sketch out some of the indicators of the law’s misalignment with the Constitution.
In the year
Original URL: http://www.slaw.ca/2019/08/23/its-time-to-stop-copyrights-violation-of-the-u-s-constitution/