Does the Copyright Clause Mandate Isolationism?

Abstract:     
This article concerns the constitutional limits of the power of Congress to enact copyright laws, focusing on a number of arguments that have been raised in the context of the Eldred v. Ashcroft litigation and in recent copyright scholarship. It suggests that these perspectives on U.S. copyright law are difficult to reconcile with the reality of the international context within which U.S. copyright law now operates, and that if their logic is pursued, these perspectives appear to be endorsing and promoting an isolationist approach to the Copyright Clause.

Number of Pages in PDF File: 44

Accepted Paper Series