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United States v. Martignon

United States Court of Appeals for the Second Circuit
492 F.3d 140 (2007)


Facts

Martignon (defendant) owned a record store in Manhattan. Martignon was charged by a grand jury with producing an unauthorized recording of a live performance and selling or offering to sell copies of the recording, in violation of 18 U.S.C. § 2319A. Martignon filed a motion to dismiss the indictment based on a constitutional challenge to § 2319A. The district court granted the motion, finding that § 2319A violated the Copyright Clause of the United States Constitution, because it protected unfixed, live performances for an unlimited period. The government (plaintiff) appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Pooler, J.)

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