Hastings Communications and Entertainment Law Journal


Andrew E. Clark


Merchandise bootlegging is a serious problem in the music industry. Since potential profits are enormous and the bootleggers' costs of doing business are negligible, a host of entrepreneurs have entered the bootlegging business and are reaping millions of dollars of illicit profits. Artists and licensed merchandisers through legal efforts have helped to alleviate the problem but additional action is required. The author examines bootlegging and analyzes the theories upon which legal actions have been based. In concluding that the current remedies are inadequate, the author proposes legislative solutions that will result in effectively protecting the rights of artists and licensed merchandisers.