THE ONGOING STRUGGLE TO DETERMINE FEDERAL “ARISING UNDER” JURISDICTION IN COPYRIGHT:

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Copyright is one of the oldest institutionally protected rights in the United States. The notion of federally protected copyright originated in the United States Constitution in 1787.1 One of the powers the Constitution grants to Congress is “[t]o 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.”2 What is omitted from these instructions is how the government should promote

progress and protect rights. To what extent must the government protect these rights? How can citizens raise grievances that their rights have been infringed upon? Who should hear and adjudicate these grievances?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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