1 See U.S. CONST., art. I, § 8, cl. 8.
2 On August 18, 1787, James Madison submitted to the delegates to the Constitutional Convention a list of powers to be granted Congress, which included the power "To secure to literary authors their copyrights for a limited time" and "To encourage, by premiums and provisions, the advancement of useful knowledge and discoveries." At the same time, Charles Pinckney submitted a list which included the power "To grant patents for useful inventions" and "To secure to authors exclusive rights for a certain time." On September 5, the clause "To promote the progress of science and the useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries" was agreed to unanimously. On September 17, 1787, the draft was signed by the delegates to the convention with no substantive changes. See Debates on the Adoption of the Federal Constitution as reported by James Madison. The clause was finally ratified in its present form in 1788. George Washington signed the first copyright law on May 31, 1790.
3 THE FEDERALIST NO. 43 (James Madison).
4 Goldstein v. California, 412 U.S. 546, 555 (1973).
5 Harper & Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 558 (1985) (hereinafter Harper & Row). See also id. at 546 ("'monopoly created by copyright thus rewards the individual author in order to benefit the public'").
6 Fogerty v. Fantasy, Inc., 114 S. Ct. 1023, 1029 (1994) (quoting Sony, supra note 22, at 429).
7 Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991) (citations omitted) (hereinafter Feist).
8 Mazer v. Stein, 347 U.S. 201, 219 (1954).
9 Sony, supra note 22, at 429.
10 Harper & Row, supra note 34, at 545-46 (citing Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975)).
11 United States v. Paramount Pictures, Inc., 334 U.S. 131, 158 (1948).
12 Washingtonian Publishing Co. v. Pearson, 306 U.S. 30, 36 (1939).
13 Id.
14 Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975).
15 H.R. REP. NO. 2222, 60th Cong., 2d Sess., 7 (1909) (report accompanying the Copyright Act of 1909, the first comprehensive revision of the copyright laws).
16 See discussion of term of protection infra pp. 59-60 and fair use and other limitations on an author's exclusive rights infra pp. 73-100.
17 See discussion of unprotected subject matter infra pp. 32-35.
18 HOUSE REPORT at 56, reprinted in 1976 U.S.C.C.A.N. 5669.
19 Fogerty, supra note 35, at 1030.
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