by Randolph J. May, Seth L. Cooper
Free State Foundation
August 26, 2013
Above all else, the U.S. Constitution recognizes the uniqueness of copyright and patent. The Founding Fathers held an anti-monopolistic outlook and at the same time supported limited protections for copyright and patent. The Constitution’s framers and ratifiers made a conscious choice both to protect individual intellectual property rights and to rely on certain constitutional safeguards against monopolies. All told, the U.S. Constitution established an anti-monopoly, pro-intellectual property rights outlook.