III.  Brief History of Modern American Copyright Law

Article I, Section 8, Clause 8 of the United States Constitution states that Congress has the power “[t]o promote the Progress of Science and useful arts, by securing for limited times to Authors and Inventors exclusive Right to their respective Writings and Discoveries.”22  The text of the Constitution, however, offers scant guidance regarding the details of what these rights should entail.23  For example, the Constitution does not explain what the term “exclusive” embodies.24  As a result, Congress was empowered to fill in gaps and define the scope of copyright law.25

In response to modern technological developments and their effect on copyright law, Congress enacted the Copyright Act of 1976 to help define the rights of the copyright owner.26  The 1976 Act protects a broad range of subject matter including motion pictures, sound recordings and pictorial, graphic, sculptural, and literary works, motion pictures, and sound recordings.27  In addition, the 1976 Act gives the copyright owner the exclusive right to reproduce, display and distribute copies of the copyrighted work.28  These rights are the foundation of modern copyright law.  However, these exclusive rights are tempered by a number of exceptions that may undercut their exclusivity in certain instances.