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Where Does Copyright Come From?

Authorized by the U.S. Constitution

The U.S. Constitution gives Congress the power to protect intellectual property.  The Constitution provides:

“The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Tımes to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

United States Constitution, Article I, Section 8

Established by Statute

Exercising its Constitutional authority, Congress enacted copyright protection in 1790.  The original act only granted a copyright for 14 years, which could be extended for another 14.  The Copyright Act of 1790 was amended several times, gradually expanding the scope of protection.   A major overhaul of the Copyright Act occurred in 1976, and set the foundation for modern copyright law.  The United States Copyright Act is found in Title 17 United States Code.

Updated on May 28, 2025

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