The Federalist No. 43, New York (1788)

Source: The University of Texas Tarlton Law Library, Rare Books KF 4515 F368 2001: The Federalist No. 43 (James Madison).

The Federalist No. 43, New York (1788), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer,

Back | Record | Images | No Commentaries
Record-ID: us_1788

Permanent link:

Full title:
The Federalist No. 43

Full title original language:

One of the few known attempt made to justify the intellectual clause of the Constitution between the constitutional convention and ratification. The clause grants Congress the power to legislate in the fields of patent and copyright.

Commentary: No commentaries for this record.

  • Walterscheid, Edward C. The Nature of the Intellectual Property Clause: A Study in Historical Perspective. Buffalo, N.Y.: W.S. Hein, 2002.

  • Patterson, Lyman Ray and Craig Joyce. 'Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the U.S. Constitution.' Emory Law Journal 52 (2003): 909-952.

  • Oliar, Dotan. 'Making Sense of the Intellectual Property Clause: Promotion of Progress as a Limitation on Congress's Intellectual Property Power.' Georgetown Law Journal 94 (2006): 1771-1845.

  • Bugbee, Bruce Willis. The Genesis of American Patent and Copyright Law. Washington: Public Affairs Press, 1967.

Related documents in this database:
1783: Connecticut Copyright Statute
1783: Continental Congress Resolution
1783: Massachusetts Copyright Statute
1783: Maryland Copyright Statute
1783: New Jersey Copyright Statute
1783: New Hampshire Copyright Statute
1783: Rhode Island Copyright Statute
1784: Pennsylvania Copyright Statute
1784: South Carolina Copyright Statute
1785: Virginia Copyright Statute
1785: North Carolina Copyright Statute
1786: Georgia Copyright Statute
1786: New York Copyright Statute
1787: Madison's Journal Record
1787: Madison's Edited Journal Record
1789: The Constitutional Copyright Clause
1834: Wheaton v. Peters
1834: Wheaton v. Peters Independent Report

Author: James Madison

Publisher: J. and A. McLean

Year: 1788

Location: New York

Language: English

Source: The University of Texas Tarlton Law Library, Rare Books KF 4515 F368 2001: The Federalist No. 43 (James Madison).

Persons referred to:
Madison, James

Places referred to:
Great Britain

Cases referred to:
Donaldson v. Becket (1774) 4 Burr. 2408, 2 Bro. P.C. 129
Millar v. Taylor (1769) 4 Burr. 2303

Institutions referred to:
Constitutional Convention (1787)


authors' remuneration
books, protected subject matter
common law copyright
constitution, US
patents, for invention
states, US

Responsible editor: Oren Bracha

Copyright History resource developed in partnership with:

Our Partners

Copyright statement

You may copy and distribute the translations and commentaries in this resource, or parts of such translations and commentaries, in any medium, for non-commercial purposes as long as the authorship of the commentaries and translations is acknowledged, and you indicate the source as Bently & Kretschmer (eds), Primary Sources on Copyright (1450-1900) (

With the exception of commentaries that are available under a CC-BY licence (compliant with UKRI policy) you may not publish individual documents or parts of the database for any commercial purposes, including charging a fee for providing access to these documents via a network. This licence does not affect your statutory rights of fair dealing.

Although the original documents in this database are in the public domain, we are unable to grant you the right to reproduce or duplicate some of these documents in so far as the images or scans are protected by copyright or we have only been able to reproduce them here by giving contractual undertakings. For the status of any particular images, please consult the information relating to copyright in the bibliographic records.

Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK