Buffalo Intellectual Property Law Journal Volume 1 Number 2 Article 1 10-1-2002 The Criminalization of Bootlegging: Unnecessary and Unwise Lee H. Rousso Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffaloipjournal Part of the Intellectual Property Law Commons Recommended Citation Lee H. Rousso, The Criminalization of Bootlegging: Unnecessary and Unwise, 1 Buff. Intell. Prop. L.J. 169 (2002). Available at: https://digitalcommons.law.buffalo.edu/buffaloipjournal/vol1/iss2/1 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Intellectual Property Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. BUFFALO INTELLECTUAL PROPERTY LAW JOURNAL VOLUME 1 FALL 2002 NUMBER 2 ARTICLES THE CRIMINALIZATION OF BOOTLEGGING: UNNECESSARY AND UNWISE LEE H. Roussot Abstract: In 1994 the United States extended copyright-like protection to live musi- cal performances by adopting17 U.S. C. §1101, which authorizes civil remedies that are the same as those for copyright infringement, and 18 U.S.C. §2319A, which subjects violators to fines and prison terms. These new statutes, referred to jointly as the "anti-bootleggingstatute," led to raidsof record stores and "sting" operations aimed at persons involved in the manufacture and distribution of live concert re- cordings. This Comment argues that the benefit to society of having these live re- cordings in circulation outweighs the minimal economic damage incurred by the music industry. Furthermore,the music industry has always had the ability to ad- dress this perceived problem through non-legal measures, that is by releasing live concert recordings and thereby eliminating the incentives for unauthorized record- ing and distribution.