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Congress can outlaw boot-leg recordings: (Federal Appeals) Court
Reuters via yahoo ^ | Wed Jun 13, 8:20 PM ET | no byline

Posted on 06/15/2007 11:14:18 AM PDT by weegee

NEW YORK (Reuters) - U.S. Congress criminalizing boot-leg recordings of music performers is constitutional and does not conflict with copyright laws, a federal appeals court ruled on Wednesday in a decision that reopened charges against a New York record store owner.

The U.S. Second Circuit of Appeals disagreed with a lower court judge who dismissed the case against the store owner, Jean Martignon, after the government charged he sold unauthorized recordings of concerts.

In 2004 U.S. District Judge Harold Baer ruled that the statute banning boot-legging was unconstitutional because it says that copyrights on live performances are protected forever. This conflicted with the "limited time" requirements of copyright law, the judge ruled at the time.

But on Wednesday, the court of appeals sided with the government, which appealed and argued that Congress did have the power to outlaw boot-legs under the Commerce Clause.

The appeals panel did not rule on whether Martignon could challenge the case under the First Amendment and whether the anti-bootlegging statute is overboard and limited access to artists. That argument will be left to the lower court.

Unlike the anti-bootlegging statute, which was adopted in April 1994 as part of the General Agreements on Tariffs and Trade, most U.S. copyright protection lasts for 70 years after the death of an author or artist.

David E. Patton, the lawyer for Martignon, said the decision was disappointing.

"It is unfortunately part of a broader pattern of limiting the public's access to artistic creation and intellectual property of all types," he said.


TOPICS: Music/Entertainment
KEYWORDS: bootlegs; concerts; copyright; music

1 posted on 06/15/2007 11:14:20 AM PDT by weegee
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To: 537cant be wrong; Aeronaut; bassmaner; Bella_Bru; Big Guy and Rusty 99; Brian Allen; cgk; ...
In 2004 U.S. District Judge Harold Baer ruled that the statute banning boot-legging was unconstitutional because it says that copyrights on live performances are protected forever. This conflicted with the "limited time" requirements of copyright law, the judge ruled at the time.

But on Wednesday, the court of appeals sided with the government, which appealed and argued that Congress did have the power to outlaw boot-legs under the Commerce Clause.


2 posted on 06/15/2007 11:16:16 AM PDT by weegee (Libs want us to learn to live with terrorism, but if a gun is used they want to rewrite the Const.)
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To: weegee

Good grief. By that logic, anything sold in interstate commerce can be copyrighted forever.


3 posted on 06/15/2007 11:21:16 AM PDT by TexasAg1996
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To: weegee
The U.S. Second Circuit of Appeals disagreed with a lower court judge who dismissed the case against the store owner, Jean Martignon, after the government charged he sold unauthorized recordings of concerts.

I thought bootlegs had always been illegal?

I recall as a teenager in the 1980s going to a seedy, corner record store and quietly whispering to the old hippie lady who worked there, "Hey, ya' got any Zeppelin?" She'd look around and retrieve a her latest batch of Led Zeppelin live bootleg LPs from under the counter. I felt like I was buying drugs!

It was a little like buying drugs! Those LPs were expensive and sometimes they were really bad. Other times, they were very, very good!

4 posted on 06/15/2007 11:27:28 AM PDT by Drew68
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To: Drew68
There is book on the bootleg record industry that is an interesting read.

This is an asinine ruling. It was crafted by Hollywood, to be sure. It is interesting how Disney Corp. has pushed to prolong copyright while also fighting to see that Winnie the Pooh becomes public domain so they don’t have to pay the family anymore.

All works should eventually lapse into the public domain.

The book on bootlegs begins with some history on how the works of Shakespeare are known today because of bootleggers (reportedly there were no collections officially published in his lifetime).

5 posted on 06/15/2007 12:30:45 PM PDT by weegee (Libs want us to learn to live with terrorism, but if a gun is used they want to rewrite the Const.)
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To: weegee
No sir, I wasn't making illegal copies........


6 posted on 06/15/2007 12:40:27 PM PDT by Daffynition (Label Warning: Formerly known as "rainbow sprinkles")
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To: weegee

Good find and good post. This is why I am 100% pro-taping and 100% anti-selling of bootlegs. I routinely report bootleggers on E-Bay but also receive about 1-3 new trades every week. I have hundreds of bootleg recordings but I haven’t paid for nor have I sold a single one. Most bands are taper friendly because they know we see their shows regularly and buy their dry goods directly from the source. It’s a community of people trading on the honor system and kicking ass on anyone that sells shows.


7 posted on 06/16/2007 12:06:39 AM PDT by t_skoz ("let me be who I am - let me kick out the jams!")
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