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.