United States v. Martignon
United States Court of Appeals for the Second Circuit
492 F.3d 140 (2007)
Relevant factsFree
Martignon (defendant), a Manhattan record-store owner, was indicted under 18 U.S.C. § 2319A for producing and selling an unauthorized recording of a live musical performance. The district court dismissed the indictment, holding that § 2319A violated the Constitution's Copyright Clause because it protected unfixed live performances for an unlimited duration, something the Clause's requirement of a "limited time" forbids; the government appealed.
IssueFree
Whether a law that does not create or allocate property rights in artistic works is a copyright law subject to the limitations of the Copyright Clause.