Copyright and Fan Productivity in China by Tianxiang He

Author:Tianxiang He
Language: eng
Format: epub
Publisher: Springer Singapore, Singapore

Also, the U.S. Congress has pointed out that:The enactment of copyright legislation by Congress under the terms of the Constitution is not based upon any natural right that the author has in his writings…but upon the grounds that the welfare of the public will be served…Not primarily for the benefit of the author, but primarily for the benefit of the public, such rights are given…110

Judging from the above-mentioned statements, it is very clear that the main purpose of the U.S. Copyright Act is to encourage creativity and to promote public welfare enrichment. In other words, if the monopoly given to the authors turned out to be a hurdle to creativity and therefore endangered the public interest, then this monopoly is to be repudiated. For example, in Twentieth Century Music Corp. v. Aiken we could see that, the court has invoked the “Copyright Clause” of the U.S. Constitution as a defense and rationale, to protect the interests of the public when they are in conflict with the copyright owners’.111

Moreover, the First Amendment of the U.S. Constitution—the “Free Speech Clause” can also be a defense for some copyright infringement actions.112 It clearly provides that:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.113

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