The Copyright Clause and the First Amendment seek
related objectives--the creation and dissemination of
information.  When working in tandem, these provisions
mutually reinforce each other, the first serving as an
"engine of free expression," Harper & Row, Publishers,
Inc. v. Nation Enterprises, 471 U. S. 539, 558 (1985),
the second assuring that government throws up no
obstacle to its dissemination.   At the same time,
a particular statute that exceeds proper Copyright
Clause bounds may set Clause and Amendment at
cross-purposes, thereby depriving the public of the
speech-related benefits that the Founders, through
both, have promised.

       --  Justice Stephen Breyer
           Dissent in Eldred v. Ashcroft, 2003