James Delahunty
26 Sep 2004 18:39
Judge Harold Baer Jr ignored a law which makes it illegal to sell unauthorized copies of live performances. A Manhattan record dealer had been brought under the law but the judge dismissed the charges saying that 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 say they are reviewing the decision that the judge made. Jean Martignon was indicted by a federal jury in 2003 for selling unauthorized recordings of live performances by certain artists.
Under U.S. laws, bootlegs are defined as being recordings of the original performances. Copying of performances that have already been released is dealt with under piracy legislation. The Recording Industry Association of America was quick to criticize the judges ruling saying that it went against existing laws. "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 unauthorized performances of live music," spokesman Jonathan Lamy said.
Source:
BBC News