A federal judge on Friday overturned a law passed in 1994 that prohibits the unauthorized recordings of live concerts because it sets no limits on the length of copyright, and dismissed charges against Jean Martignon, owner of Midnight Records, a New York-based mail-order and internet record store that sells bootleg recordings.
U.S. District Judge Harold Baer ruled that the anti-bootlegging statute was unconstitutional because it provides unlimited protection for live musical performances, which conflicts with the “limited time” requirements of copyright law. The Copyright Act protects works of art for a fixed period of time, the life of the author and 70 years after the author’s death.
“This ruling only strikes down a federal statute,” Martignon’s attorney, David Patton, said to MTV News. “Individual states have different laws regarding bootlegging, and those laws are unaffected by this ruling. And the government might very well appeal [this] ruling anyway.”.
(via MTV News)
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