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Elvis Clarifies Copyright Crime (I)
Highest Court Supreme Court of the United States
Year Ended 1985
Plaintiffs Federal Prosecutor(s)
Defendants Bootlegger(s)/Counterfeiter(s)
Other Presley, Elvis
Short Description The Defendant had been bootlegging Elvis Presley records for several years, moving over 50,000 copies of records. He was convicted of transporting stolen property over state lines, a federal crime, and other charges. He was caught sending bootlegs from Los Angeles to Baltimore and Miami. The Supreme Court reversed the conviction for transporting property. Congress' intent in creating the law had nothing to do with copyright infringement. Essentially, the law was to punish someone who had physically taken another's property. The copyright is separate from the physical ownership of a bootleg record since the bootlegger isn't taking the copyright or totally appropriating it from the owner. Allowing the conviction to have been upheld would have expanded impermissibly Congress' intent. - JMC

Legal Issues
Copyrights Infringement Criminal Copyright Infringement
  Ownership Scope of Rights
Criminal Law Criminal Procedure Evidence & Hearsay
  Economic Crimes Mail/Wire, Bank & Insurance Fraud
  Inchoate Crimes Criminal Conspiracy
  Intellectual Property Crimes Criminal Copyright Infringement
  Property Crimes Transporting/Receiving Stolen Property


Opinions Dowling v. U.S.
473 U.S. 207
Supreme Court of the United States , June 28, 1985 ( No. 84-589 )


Dowling v. U.S.
739 F.2d 1445
Ninth Circuit , August 10, 1984 ( No. 83-5153 )


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Related Searches Parties
Bootlegger(s)/Counterfeiter(s) ( Defendant )
Federal Prosecutor(s) ( Plaintiff )
Presley, Elvis ( Other )

Legal Issues
Copyrights / Infringement / Criminal Copyright Infringement
Copyrights / Ownership / Scope of Rights
Criminal Law / Criminal Procedure / Evidence & Hearsay
Criminal Law / Economic Crimes / Mail/Wire, Bank & Insurance Fraud
Criminal Law / Inchoate Crimes / Criminal Conspiracy
Criminal Law / Intellectual Property Crimes / Criminal Copyright Infringement
Criminal Law / Property Crimes / Transporting/Receiving Stolen Property

Courts
Supreme Court of the United States (highest court)
Ninth Circuit


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