I think of the Amercian Home Recording Act as punching a hole in
copyright law to keep it from violating your Constitutional rights.
Where in the Constitution U.S. copyright law comes from:
SECTION VIII. POWERS GRANTED TO CONGRESS
The Congress shall have power to ...
8. To promote the progress of science and useful arts by
securing for limited times to authors and inventors the
exclusive right to their respective writings and
discoveries;
Other relevant, potentially competing values:
PREAMBLE
We the people of the United States, in order to form a more
perfect union, establish justice, insure domestic
tranquillity, provide for the common defense, promote the
general welfare, and secure the blessings of liberty to
ourselves and to our posterity, do ordain and establish
this CONSTITUTION for the United States of America.
This Constitution, and the laws of the United States
which shall be made in pursuance thereof; and all
treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be
bound thereby, anything in the Constitution or laws of
any State to the contrary notwithstanding.
AMENDMENTS TO THE CONSTITUTION
[The first ten Amendments are known as the BILL OF RIGHTS,
and were adopted in 1791]
ARTICLE I. RELIGIOUS AND POLITICAL FREEDOM
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.
ARTICLE IV. SEARCHES AND SEIZURES
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
warrants shall issue but upon probable cause, supported
by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be
seized.
ARTICLE V. RIGHT TO LIFE, LIBERTY, AND PROPERTY
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment
[formal charge] or indictment of a grand jury, except in
cases arising in the land or naval forces, or in the
militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private
property be taken for public use [i.e., by eminent
domain] without just compensation.
ARTICLE VI. PROTECTION IN CRIMINAL TRIALS
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall
have been committed, which district shall have been
previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulsory
process [subpoena] for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.
ARTICLE VII. SUITS AT COMMON LAW
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury shall be
otherwise re-examined in any court of the United States,
than according to the rules of the common law.
ARTICLE IX. CONCERNING RIGHTS NOT ENUMERATED
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others
retained by the people.
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