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U.S. v. Jean Martignon, 03 Cr. 1287

Law Banning Unauthorized Recordings Of Live Concerts Ruled Unconstitutional

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Judge Baer

UNITED STATES v. JEAN MARTINGNON — Defendant Jean Martignon (“Martignon”) moves pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure (“Fed. R. Crim. P.”) to dismiss the onecount Indictment, charging him with a violation of 18 U.S.C. §2319A (“anti-bootlegging statute” or “statue”). Martignon mounts his challenge on several constitutional grounds – namely that (1) by virtue of its regulation of live performances for an unlimited period of time, the anti-bootlegging statute exceeds the Copyright Clause’s authority to protect the right of artists1 to their “Writings” for “limited Times” (hereinafter “Limited Times”) (U.S. Const. Art. I, §8, cl. 8.), (2) the statute violates the free speech protections of the First Amendment, and (3) the statute violates basic tenets of federalism. Because this Court finds that the anti-bootlegging statute is impermissible under the Copyright Clause, and that Congress may not evade the limitations imposed on its power in order to enact intellectual property legislation such as the anti-bootlegging statute through resort to a separate grant of authority (such as the Commerce Clause), defendant’s motion is granted, and the Indictment is dismissed.

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