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 All news should be considered an unconfirmed report unless verified, and all information published at KISS Asylum is attributed to the source from which it was received so that readers may judge the validity of the statements for themselves. All information is confirmed where possible, and all publication is governed by common sense.
Bootlegging statute held constitutional From: Silcon Valley Media Law In KISS Catalog v. Passport International, the District Court for the Central District of California has held that the federal anti-bootlegging statute, 17 U.S.C. 1101, is constitutional. This vacates an earlier decision, which held that the statute violates the "for limited times" provision of the Copyright Clause. The case was reconsidered on the motion of the United States, which intervened after that ruling. In finding the statute constitutional, the Court concluded that the legislation was within the scope of the Commerce Clause and not "fundamentally inconsistent" with the Copyright Clause. "[T]he statute merely proscribes conduct not otherwise addressed, prohibited or protected by the Copyright Clause: the non-consensual recording of a live performance. Stated differently, what Congress regulates here is an unauthorized and (by this statute) unlawful recording of a live performance, not an authorized, protected, and constitutionally-encouraged fixation of an author's original work. Thus, the Statute complements, rather than violates, the Copyright Clause by addressing similar subject matter, not previously protected -- or protectible -- under the Copyright Clause." This follows the 11th Circuit's holding in US v. Moghadam. US v. Martignon, which reached the opposite conclusion, is currently on appeal in the Second Circuit. |
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