I know this isn't politically feasible, but is it legally possible for the United States to abolish copyright? Could the government withdraw from all treaties that require copyright, then repeal all copyright-related laws?
I know the Constitution allows copyright, but does it require it to be recognized?
There is no constitutional requirement that Congress provide copyright protection in the US. Congress could, if it so chooses, repeal Title 17 of the US Code, and afford no copyright protection whatsoever. Given that the US has protected copyright from its earliest days, that copyright protection in English law dates to the 1600s, that almost every nation currently has a Law protecting copyright, and that such protection is a requirement of membership in the World Trade organization (WTO) I find it highly unlikely that such a change in the law will be made in the foreseeable future. But Congress does have the power to abolish copyright in the US.
Congress has the power to abolish all copyright laws and to abrogate any treaties that compel it to recognize copyright laws.
But, under the 5th Amendment to the United States Constitution, private property may not be taken by the government without just compensation (subject to exceptions not applicable in this fact pattern). So, the U.S. government would have to buy out the fair market value of all copyrights currently in force in order for it to do so, and it would have to do so in a manner that affords copyright owners reasonable due process in connection with the making of that determination.
In the alternative, the U.S. could, for example, eliminate copyright protections prospectively to newly created works, while allowing existing copyrights to remain in force.
Also, while the U.S. would have to at least allow copyright holders to obtain compensatory damages for breaches of copyright, it could probably also immediately extinguish all rights under copyright to statutory damages, attorney fees, criminal sanctions for copyright infringement, injunctive relief, and punitive damages for copyright infringement. It could also probably impose reasonable procedural requirements requiring claims of grandfathered copyrights to be documented or registered within a reasonable period of time.
