Legal Question in Constitutional Law in New Jersey

intellectual property- constitutional aspect

Hellow,

I am a student from Israel, and I am working on a law project.

My question is; Is a copyrigt infringement on the internet (a violation of one's intellectual property right) a violation of U.S constitution?

Thank you in advance.

--name removed--


Asked on 7/19/04, 10:28 am

3 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: intellectual property- constitutional aspect

No. Intellectual property is not mentioned in the constitution. Such may be, however, a violation of U.S. Copyright laws and other laws protecting intellectual property. Such laws must comport with the general requirements of the Constitution's property protection provisions.

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Answered on 7/19/04, 10:45 am
Regina Mullen Legal Data Services, PLC

Re: intellectual property- constitutional aspect

No: copyright is governed by statute.

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Answered on 7/19/04, 12:17 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: intellectual property- constitutional aspect

I agree with Ms. Mullen's and Mr. Aspinwall's answers, but I'd like to add one point to what Mr. Aspinwall said. The Constitution expressly authorizes Congress to pass laws to protect intellectual property rights. The Constitution itself does not define those rights or specify the penalties for violating them; various federal statutes which were adopted per this Constitutional authorization do these things instead. The net result is that infringement of a copyright violates federal statutes but not the Constitution itself.

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Answered on 7/19/04, 12:54 pm


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