On March 8, the Heritage Foundation published a paper by Professor Adam Mossoff titled "The Constitutional Protection of Intellectual Property." From the intro:
This Legal Memorandum explains how intellectual property rights have long been secured as property rights under the Constitution. It first reviews the constitutional text and original public meaning of the Copyright and Patent Clause. It then details the numerous federal court decisions from the 19th century that have secured patents and other intellectual property rights as “property” under the Due Process and Takings Clauses of the Constitution. It concludes by identifying how the modern Supreme Court has consistently followed these precedents, even if it has occasionally forgotten them or not cited them directly.
Be sure and check out this excellent paper by Prof. Mossoff on IP rights under the Constitution. It is full of citations to legal authorities dating back to the formation of the Constitution, and offers concise analysis going up to the present. The important truth that copyrights and patent rights are constitutionally-protected property rights can't be made often enough.
In addition to teaching at the Antonin Scalia Law School and being a Visiting Intellectual Property Fellow at the Heritage Foundation, Professor Mossoff is a member of the Free State Foundation's Board of Academic Advisers.
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