I am reframing the discussion as envisioned by the copyright clause in Article I, Section 8:
[Congress shall have 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 purpose of copyright laws is to promote progress of science and art. Temporary exclusivity is the means by which Congress achieves this purpose; exclusivity is not the purpose itself.
That limited time is when an author or inventor may command exclusivity. Outside of that limited time, the work belongs to the audience, not the artist.
When we remember that it is humanity is supposed to be the ultimate beneficiary, “Fair Use” is the fundamental concept, and copyright is the exception. Copyright may exist automatically when a work is created, but that is still a specific, limited, temporary exemption.
I am reframing the discussion as envisioned by the copyright clause in Article I, Section 8:
The purpose of copyright laws is to promote progress of science and art. Temporary exclusivity is the means by which Congress achieves this purpose; exclusivity is not the purpose itself.
That limited time is when an author or inventor may command exclusivity. Outside of that limited time, the work belongs to the audience, not the artist.
When we remember that it is humanity is supposed to be the ultimate beneficiary, “Fair Use” is the fundamental concept, and copyright is the exception. Copyright may exist automatically when a work is created, but that is still a specific, limited, temporary exemption.