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this post was submitted on 01 Sep 2024
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Technology
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Copyright law is precisely a means to an end of encouraging more works to be created (and thus eventually enter the public domain) and absolutely nothing else. In particular, compensation to the creator is nothing but a proverbial "carrot," not any sort of moral right or entitlement.
It's also a power of Congress, by the way, which means it's optional. Congress may enact copyright law if it so chooses, but is not obligated by the constitution to do so. This is in stark contrast to e.g. the Bill of Rights, which is written the opposite way: presuming such rights exist and prohibiting the government from infringing upon them. In other words, if the framers meant for copyright to be an actual "right," they clearly would've plainly said so!
I think you don't understand the difference between fundamental rights and regular old rights. A right does not have to be fundamental to be a right.
And, if copyright law were about encouraging creation, it would not restrict the use of other peoples' work.
Would you do me a favour? Read back over this thread until you realise you just argued creation is "encouraged" by a category of law which only restricts the use of other peoples' work, including modifying it to create derivative works, and has been used as a club against creation to boot. Consider, how does Nintendo kill Smash tourneys? How many YouTube videos have been wrongly DMCA'd?