Prof. Adam Mossoff Writes on Constitutional Protections for IP Rights

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. 

Constitution Day 2020 and Copyrights

Today, September 17, is Constitution Day. Two hundred thirty-three years ago this day, the proposed Constitution of 1787 was signed by the Philadelphia Convention delegates assembled at Independence Hall. As Free State Foundation President Randolph May and I pointed out in our 2018 op-ed, "A Constitution Day Call to Strengthen Copyright Protection," the only express provision for individual rights contained in the Constitution of 1787 is the Article I, Section 8 Intellectual Property Clause – also known as the Copyrights Clause.  

FSF President Randolph May and I give a more detailed account of this in our book, The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective. In the view of the American Founders, copyrights are rooted in individuals' natural rights to the fruits of their labors – in this case, their creative labors. And government exists to protect and enlarge rights to acquire, use, and transfer property, including property in creative works. 

We build on those principled themes and make a case for strengthening copyright protections today in our new book, Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform. Today, it's fitting to remember that Congress's ongoing responsibility for securing copyrights is based on the high authority of U.S. Constitution. 

Modernizing Copyright Law for the Digital Age is available through Amazon (here) and through Carolina Academic Press (here).

Modernizing Copyright Law for the Digital Age – E-Book Now Available

Modernizing Copyright Law for the Digital Age – Constitutional Foundations Reform, the new book by Free State Foundation President Randolph May and I, is now available in Kindle e-book format. Print copies are available for order at Amazon as well as at Carolina Academic Press's website. Our earlier book, The Constitutional Foundations of Intellectual Property: A Natural Rights Perspectiveis now also available for Kindle.

A Natural Rights Perspective of the Constitution

Yesterday, September 17, 2017, was Constitution Day, commemorating the 230th anniversary of the formation and signing of the U.S. Constitution. For a good source of information regarding the natural rights perspective that influenced the Founding Fathers during the formation of the Constitution, please read "The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective" by Free State Foundation President Randolph May and Senior Fellow Seth Cooper.

Don't miss the Oct. 26 lunch and discussion: "The Constitutional Foundations of IP"

Constitutional IP event | Create your own infographics