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Judge: Live Performance Copyright Unconstitutional

Posted by timothy on from the but-unauthorized-recording-is-still-out dept.

swiftstream writes "CNN reports that a federal judge has ruled in favor of the owner of a record store in NYC in a copyright case brought against him for selling recordings of live performances. The judge said the current copyright code on live performances is unconstitutional, because copyrights last forever, in conflict with the 'limited time' requirement of copyright law."

5 of 249 comments (clear)

  1. re-posted article by EdZ · · Score: 3, Informative

    http://slashdot.org/article.pl?sid=04/09/25/145420 4&tid=123&tid=141&tid=1 Been there, done that.

    1. Re:re-posted article by metlin · · Score: 4, Informative

      Eh. Saw this in the subscriber's preview and even mailed the editor about it -- but seems like it doesn't matter.

      Wonder why they bother saying, "see any problems with this story? mail our on-duty editor.."

      Duh.

  2. Re:Flag on the play, this one's coming back. by ThatsNotFunny · · Score: 2, Informative

    RTEFA, RTFL and RTFC.

    Nobody is saying that all live performances are being stripped of copyright protection. They are saying that this particular law which specifically dealt with UNAUTHORIZED recordings, is not constitutional because it did not specify a length of time. This is perfectly in line with the Eldred decision. No limit = unconstitutional.

    And, while the songs themselves are certainly copyrighted, there is still gray area as to whether the performers who engage in a live performance in a public place should enjoy the same protection as as when they produce the same performance in a studio.

    --
    "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
  3. Re:Flag on the play, this one's coming back. by cpt+kangarooski · · Score: 2, Informative

    Copyright actually means a lot of different things. Distribution is one of them. Making a copy -- such as by recording one -- is also one of them. Read up on 17 USC 106 for the major rights involved. This particular case, however, dealt with 17 USC 1101.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  4. Everyone RTFO by Anonymous Coward · · Score: 1, Informative

    Read The Fine Opinion. (courtesy of Larry Lessig)