We are so far beyond the constitutional basis of copyright. That clause only gives Congress the right to grant copyrights for a "limited time" to encourage creativity. Congress realized at some point that they could just keep extending the copyrights when they are about to expire to create effectively unlimited copyrights. Lawrence Lessig has a lot of great things to say about this in regards to our 'creative commons'
I agree with you in many ways but it's important to remember copyright is in the constitution in the first place. If you surveyed most people I doubt they'd even know that.
