United States v. Martignon

OPINION & ORDER

BAER, District Judge. 1

Defendant Jean Martignon (“Martig-non”) moves pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure (“Fed. R.Crim.P.”) to dismiss the one-count Indictment, charging him with a violation of 18 U.S.C. § 2319A (“anti-bootlegging statute” or “statute”). 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 artists 2 to their ‘Writings” for…