US judge strikes down bootleg law


An American judge has
struck down a law which makes it illegal to sell bootleg recordings of live
music recordings in the US. Judge Harold Baer
Jr dismissed charges against a record dealer involved in selling bootleg
copies of live music.  He said the law was not able to stand because it
placed no time limit on the ban unlike limits which are placed on copyright
materials such as books or recorded music releases.


In October 2003 a grand
jury indicted Jean Martignon for selling illegal live music recordings by music
various music groups through his business.  The judge said that the law
unfairly granted indefinite copyright protection for live performances. 
The RIAA (Recording industry of America) was quick to criticize the
judge for his decision saying that his action went against previous cases
and the existing law.

A judge has
struck down a law which bans the sale of Legalbootleg 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.


Full story over at the BBC.  Im sure if the RIAA had their way all music produced
would have copyright forever.  Lets face it in europe they are trying to
expand it copright law to be in line with the US but what happens when this runs
out they will just reapply to extend copyright law again to suit their
needs.

Source: BBC

No posts to display