Here are two Youtube clips of Maroon 5’s hit song, Daylight. This clip is from their performance live on The Ellen Show whereas this clip is Maroon 5’s Daylight Project video. This video was the closest thing I could find to an official music video.

The sound of the band in the live performance sounds much different than recorded version. The live performance is harder to listen to because they don’t sound very good, although I love the song when it was recorded. For musicians, I think videeotaping is not allowed to help protect their reputation and music. The recording studios make the quality much better, which drives people to want to see them in person. If more and more live performances were broadcast online legally, I think it would affect live performance sales because people will know how bad singers and bands can be in person.

In terms of legally, not being able to videotape speeches and performances, U.S. v. Martignon was an important case. An except from the Harvard Law Review summarizes the decision:

Recently, in United States v. Martignon, 4 the Second Circuit considered whether Congress could enact under the Commerce Clause a criminal anti-bootlegging statute that was concededly inconsistent with the Copyright Clause’s limited duration requirement. The court held thatthe statute was not subject to Copyright Clause scrutiny because it did not allocate property rights in expression.

The Fordham Law Review noted, “If these
decisions are upheld and widely followed, not only will
bootlegging laws be outside the scope of Congress’ lawmaking
authority, but the United States also will be incapable of enforcing
a uniform policy that would comply with article 14 of the TRIPs
agreement—an accord sponsored and signed into law by the
President harmonizing American intellectual property law with the
laws of 110 other signatory nations.”