"The Copyright Act at 50" superimposed over the interior of the Capitol Dome and the text of the Copyright Act of 1976

The 1976 Act Could Have Been Very Different

Copyright lawyers, whether they are practitioners or academics, treat the Copyright Act of 1976 as if it were a sacred text. To a certain extent, we do so because we have internalized the great deference federal courts generally show to all acts of Congress. The courts give acts of Congress a presumption of legitimacy. The courts assume Congress knew what it was doing when passed a law, and it is not the courts’ role to second guess Congress’s policy judgments or motivations or competence. Moreover, as the Supreme Court teaches, they must “give effect, if possible, to every clause and…
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