Posted on 09/24/2004 3:22:47 PM PDT by Scenic Sounds
NEW YORK (Reuters) - A federal judge dismissed charges against a New York record store owner on Friday who had been selling unauthorized recordings of concerts, saying a law against boot-legging was unconstitutional. 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, he said, conflicts with the "limited time" requirements of copyright law.
The 18-page ruling relates to charges against Jean Martignon, who owns a record store, a catalog service, and an Internet site. Federal prosecutors brought a single criminal charge against the store owner, but did not provide details about the scope of any bootlegging or which musicians were involved, the judge said.
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.
In his ruling, the judge wrote that it "is undeniable that the anti-bootlegging statute grants seemingly perpetual protection to live musical performances, and therefore would run afoul" of standard copyright provisions.
The U.S. Attorney's Office in Manhattan, which brought the charges against the record store owner, said it was reviewing the decision and would "evaluate what steps ought to be taken going forward."
70 years after the death of the artist is way too long as it is.
When I first started reading this, I was hopeful that a judge had struck down the ridiculously absurd Digital Millennium Copyright Act (DMCA). No such luck. Oh well...
That is excessive as well.
Patents worth millions are barely good for 20 years
I'll be the first to admit that I download a lot of music. The joy of free downloading is that I KNOW a lot of musicians I listen to are liberal. I't good to know that a simple young man like myself is what keeps these left wing psychos from making money.
Actually, the real protection period is perpetual. As soon as Hollywood's copyrights get near expiration, they pay off congress to extend the copyrights.
Stealing is OK if the victim is a liberal?
No, stealing is ok if you're only stealing from the people that steal from you.
/sillyness
One, it's not "stealing," it's copyright infringment. Attempts to make it into something else have failed repeatedly in the past, please stop.
Two, the industries that have built themselves around the idea of buying some congresscritters, extending the copyrights on someone else's work and making a fortune off of violating the Constitution just took one on the chin.
I fail to see how this is bad.
Copyright is not a natural right. It's a government-protected limited-time monopoly so that an artist can recoup his costs, with the implicit agreement that eventually the work will pass into the public domain.
For years works have been hoarded in contradiction to this concept. Now it may be ending.
Huzzah.
As soon as Mickey Mouse gets close to passing into the public domain, the period gets extended.
When Walt's been dead for 60 years or so, they'll dig up Fritz Hollings (D - Disney) and have him legislate it out a little longer.
Interesting ruling. There's such a vast body of "illegally" taped live performances now that not only is the cat out of the bag, the bags been gone for probably 20 years as well. For some reason music just wants to be (monetarily) free - artists will earn their money from live performance ticket sales and value-added studio performances (cd packaging, vinyl releases, dvd's, sacd's), but not mp3's. Interesting times.
Hey, anyone got a Cat Steven's live at Bangor tape? Willing to trade for a Yoko Ono at cbgb's.
"most U.S. copyright protection lasts for 70 years after the death of an author or artist"
Disney pushed thru a law in the last year or so that extended their copyrights for 95 years.
"Stealing is OK if the victim is a liberal?"
Yes, it is. But it is best to first call the theft a 'tax' or a 'fee'.
http://www.blackmask.com/page.php
Above URL has free downloads of books that are old enough to that copyright has expired.
A few cost but most are free.
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My first category.
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Blackmask's Newest Innovation: Pay for Download Books. (Well, hey, there's some copyrighted stuff that even Rod can't do). Prices start at $.99, end there, and best of all: No DRM!
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Hey, these types of books are the biggest sellers nowadays, and given my high-margin profit model that's already being reviewed in the major business schools, I figured I ought to join in the fray.
Very cool. Thank you. ;-)
Free Mickey Mouse! Free Mickey Mouse! Free Mickey Mouse!
Great link - thank you for posting it! (Maybe now I can complete my collection of Patrick O'Brien windjammer stories).
Well...a number of my now deceased kinfolk will sure be glad to learn of that.
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