Our Founding Fathers knew that it was paramount to protect intellectual property and artistic works, and punish counterfeiters. Article 1, Section 8, of the Constitution contains two clauses relating to intellectual property and counterfeiting,1 suggested by Charles Pickney of South Carolina and James Madison of Virginia and adopted with little controversy or debate.2
In 1978, Governor Hugh Carey’s memorandum in support of Article 275 of the Penal Law noted that the record industry in New York alone was losing an estimated $11 million a year to counterfeiters3 (if the rate of counterfeiting had not increased, that would be over $36 million today adjusted for inflation).4
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