In the interesting discussion of preemption as applied to unfixed works, no one has mentioned the anti-bootlegging statute of 1994, I think it was -- relating to TRIPS if I recall correctly. Does that apply only to musical performances, and does it affect the preemption analysis? Is it significant for these purposes that it was enacted as a new chapter of title 17 rather than as an expansion of the subject matter of copyright?
Kerry L. Konrad
<k_konrad[_at_]stblaw.com>
Received on Fri Mar 26 1999 - 15:31:12 GMT
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