[wildmusings]

There is no right to copyright; in fact Congress could abolish copyrights altogether tomorrow if it wished. Rather, there is an enumerated power for Congress to create copyright. If one could prove that a certain aspect or application of copyright law falls outside of that enumerated power, then it would be void as Congress had no power to create it in the first place.

[projektfu]

If it weren't specified in the US Constitution then it would devolve to common law and State constitutions because of the elastic clause. The right of copyright was invented before the US Constitution.