AFTRA Files Amici Brief in Second Circuit to Uphold Anti-Bootlegging Statute

March 15, 2005.  In 1994, Congress enacted an anti-bootlegging statute, prohibiting the unauthorized copying of live musical performances and the manufacture and distribution of such recordings, commonly known as bootlegs. A District Court in New York struck down the anti-bootlegging Statute as unconstitutional.  The government appealed, defending the constitutionality of the statute, and AFTRA, along with other performer and industry groups, filed an amici brief supporting the government.  Bootlegs harm both the artists rendering the live performance and the record companies which produce and distribute legitimate recordings.  On a basic level, bootlegging deprives recording companies and performers of revenue in terms of lost sales and royalties.  Bootlegs also destroy the performers' exclusive control over the nature and distribution of their performances.