Abstract

Abstract Despite the constitutional basis for copyright in the United States as rooted in the objective of promoting learning, there are a number of different origin theories advanced for why we have copyright. No theory, however, commands majority agreement. The lack of an agreed-on foundational theory justifying copyright is a considerable embarrassment for advocates of such extra-constitutional theories. As Joanne Wright observed, origin stories are “narratives that do more than simply uncover beginnings; they authorize implicitly particular solutions.”3 Like historical writing, origin stories are an effort to influence the present and not to objectively unearth the past. In the case of copyright, Majid Yar asserts:

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