A federal law that prohibits the unauthorized recordings of live concerts was ruled unconstitutional last week by a federal judge in New York. Judge Harold Baer Jr. found that the 1994 anti-bootlegging statute exceeded Congress' authority under the Copyright Clause to protect artists' works for a limited time. Baer said the concept of "writings" in the clause "has expanded over time," but it has "never moved into the realm of unfixed works," such as live performances.
Anti-Bootlegging Statute Ruled Unconstitutional
New York Law Journal
September 28, 2004