US judge strikes down live music bootleg law

[David Farber <dave () farber net>]

Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: September 25, 2004 12:11:04 PM EDT
To: Dewayne-Net Technology List <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] US judge strikes down live music bootleg law
Reply-To: dewayne () warpspeed com

 US judge strikes down bootleg law

A judge has struck down a law which bans the sale of bootleg recordings 
of live music in the United States.

 Judge Harold Baer Jr, sitting in New York, dismissed charges against a 
Manhattan-based record dealer which had been brought under the law.

 He said the law could not stand because it placed no time limit on the 
ban - unlike the limits placed on books or recorded music releases.

 Prosecutors said they were "reviewing the decision" the judge made.

 A federal grand jury indicted Jean Martignon in October 2003 for 
selling "unauthorised recordings of live performances by certain music 
artists through his business".

 But Judge Baer said US law unfairly granted "seemingly perpetual 
protection" to the original performances.

 US law defines bootlegs as being recordings of the original 
performances, as opposed to copies of already released music, such as 
live albums, which are dealt with under piracy legislation.

 The Recording Industry Association of America criticised the judge's 
ruling.

 "It stands in marked contrast to existing law and prior decisions that 
have determined that Congress was well within its constitutional 
authority to adopt legislation that prevented trafficking in copies of 
unauthorised performances of live music," spokesman Jonathan Lamy said.

 Story from BBC NEWS:
 <http://news.bbc.co.uk/go/pr/fr/-/1/hi/entertainment/music/3689580.stm>

 Published: 2004/09/25 13:11:45 GMT


Archives at: <http://Wireless.Com/Dewayne-Net>
Weblog at: <http://weblog.warpspeed.com>

-------------------------------------
You are subscribed as interesting-people () lists elistx com
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/