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orinoco
Question about bootlegs Mark Unseen   Nov 17 14:52 UTC 1999

Does anyone here understand the legal status of concert tapes?  I had thought
that they were as illegal as bootleg copies of albums, but there seem to be
quite a few people trading them openly on the internet (and unlike the mp3
traders, these guys have to give a real address).  THey all seem to be very
emphatic that they are _not_selling_anything_: is this some legal loophole
that I don't know about?
14 responses total.
mcnally
response 1 of 14: Mark Unseen   Nov 17 16:57 UTC 1999

  It depends a great deal on the band, actually..
orinoco
response 2 of 14: Mark Unseen   Nov 17 19:08 UTC 1999

Whether it's illegal depends on the band, or how well-enforced the law is
depends on the band?
mcnally
response 3 of 14: Mark Unseen   Nov 17 23:20 UTC 1999

  Some bands (such as the Grateful Dead, to cite an extreme example) 
  explicitly allow, even encourage, the taping of their live shows.
  I've been at at least one show where several fans making recordings
  of the show were provided access to the output from some of the
  sound equipment.

  I imagine there are a lot of bands that don't get to choose for
  themselves, however:  my guess is that "normal" (whatever that means)
  recording contracts probably don't give most bands the option to
  freely permit fan recording.  

  Then, too, there are some performers that really don't like to be
  recorded live..  

  To answer your question, I guess, yes -- whether it's illegal
  (or forbidden, which isn't necessarily the same thing) is a matter
  that for any given concert might be decided by a) the band, b) the
  band's record company, or even c) the rules of the concert venue..
tpryan
response 4 of 14: Mark Unseen   Nov 18 00:28 UTC 1999

        The Grateful Dead approach was such that no one would make
big bucks by selling thousands of copies of a rare bootleg.  If
bootlegs are common, then more likely only a dozen or less copies
will be made of any one's recording.
otaking
response 5 of 14: Mark Unseen   Nov 18 16:40 UTC 1999

I liked Frank Zappa's approach. He took the bootlegs and released them as
offical albums. What could they do? Sue him?

Psychic TV decided to release every concert they played on tape or CD. That's
another effective approach.
krj
response 6 of 14: Mark Unseen   Nov 18 18:22 UTC 1999

In a recent interview on Mp3.com, a representative of the RIAA had an 
interesting argument with respect to the Grateful Dead.  The RIAA rep
argued that while the Dead are free to waive their rights 
with respect to the recordings their fans make, they cannot waive 
the rights of other people, in particular the songwriters.  
The Dead (used to) play a *lot* of covers.
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