At the heart of copyright law are “conflicting cultural,economic, and political values.”82 Copyright is supposed to cultivate art and literature, protect free markets, and promotefree speech.83 Many scholars make a utilitarian argument for theorigins of copyright by asserting that without copyrightprotection, authors, inventors, and composers would have noincentives to create works and distribute them to the public.84
Scholar William Patry, however, points out the limits of thisargument in the context of U.S. copyright law where the lawaffords protections for works that do not need incentives likeletters, business documents, and speeches