Santa Clara Law Review Volume 44 | Number 2 Article 1 1-1-2004 The rP oblem with Congress and Copyright Law: Forgetting the Past and Ignoring the Public Interest Craig W. Dallon Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Craig W. Dallon, The Problem with Congress and Copyright Law: Forgetting the Past and Ignoring the Public Interest, 44 Santa Clara L. Rev. 365 (2004). Available at: http://digitalcommons.law.scu.edu/lawreview/vol44/iss2/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. THE PROBLEM WITH CONGRESS AND COPYRIGHT LAW: FORGETTING THE PAST AND IGNORING THE PUBLIC INTEREST Craig W. Dallon* I. INTRODUCTION The bedrock of copyright law in the United States is found in the United States Constitution, Article I, section 8, which states in relevant part that "[t]he 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. ' Although the term "copyright" is never used, this provision of the Constitution2 is commonly known as the Copyright Clause.3 Since the ratification of the Constitution, the Copy- * Assistant Professor of Law, Creighton University School of Law. My thanks go to Jenna B. Taub and Alyson Keiser for their valuable research assis- tance with this Article.