Thursday, April 9, 2009

WHITE PAPER

The Constitution of the United States provides that 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." The framers of the Constitution did not discuss this clause at any length prior to or after its adoption. The purpose of the clause was described in the Federalist Papers by James Madison:

The utility of this power will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of individuals. The Constitution outlines both the goal that Congress may try to achieve(to promote the progress of science and useful arts)

and the means by which they may accomplish it (by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries). The Supreme Court has often spoken about the purpose of copyright:[I]t should not be forgotten that the Framers intended copyright itself to be the engine of free expression.By establishing a marketable right to the use of one's expression, copyright supplies the economic incentive to create and disseminate

Ideas.We have often recognized the monopoly privileges that Congress has authorized, while "intended to motivate the creative activity of authors and inventors by the provision of a special reward," are limited in nature and must ultimately serve the public good. Due to stiff Arab opposition and pressure against Jewish immigration, Britain redefined Jewish immigration by restricting its flow according to the country's economic capacity to absorb the immigrants. In effect annual quotas were put in place as to how many Jews could immigrate, while Jews possessing a large sum of money (500 Pounds) were allowed to enter the country freely.

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