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So what is a "bootleg" really? Technically, a bootleg is simply a recording, on any format, of material not officially released by an artist's recording company. Bootlegs are often recordings of live performances, but they can be illicit releases of professionally recorded material, such as demo tapes.
I ONLY trade legal bootlegs
The term, "bootleg", has extreme negative connotations because some bootleggers run for-profit enterprises at the expense of the artist and recording company. These people range from "two-for-one" tape traders with live recordings all the way to semi-legitimate Italian CD companies releasing pirated professionally recorded material. For-profit bootlegs can (and do) harm the artists that we all love. While some artists actively promote live-show recording, the bootleg industry has hurt many artists, even causing some to lose recording contracts and stop playing altogether.
Please respect the artists! These recordings are NEVER meant for sale or profit!
When you record a show, you should keep the legal implications in mind. Does the artist allow recording? Does their record company? Does the venue? Even though there is no criminal law in the United States, or any other country that I know of, that specifically forbids recording a live performance, private parties can disallow it (or anything else, for that matter) on their property. Plus, US Copyright Code ("civil law") does forbid recording without permission. This means an artist can sue you and win if you record without their permission.
Another question you should ask yourself is why you want a recording of the performance. Do you want a souvenir, like a setlist or ticket stub? Do you want to trade recordings of the music with other fans? Or do you want to profit from the artist's work? There is a law in most countries against profiting from the creative work of others, called copyright.
Therefore, you may not sell live recordings to others in any format for any reason without specific permission
TV shows are a slippery slope. Arguably, most of the best stuff out there are old TV shows. From Don Kirshner’s Rock Concert to Austin City Limits, to German Rockpalast broadcasts. Now that capture devices and standalone dvd-rs are so prevalent, many wonderful old broadcasts that were originally preserved via VCR have become available for trade. Are they legal? The answer is sometimes.... The TV station and the artists still reserve rights to their performance. Therefore, it is illegal to sell these. As of this writing, it is still legal to trade these, as long as they have not been officially released.
Because they still own the rights, these TV broadcasts can and often do get released. This is why it is important to be vigilant and constantly research these recordings. I recently took a show off my list because after 34 years, it was released by the band.
Sometimes, a “Best of” compilation is released. When this happens, the show can still be traded, but the released song must be removed.
Bootlegs can be a good thing!
I think it’s important to point out the that bootlegs can be a good thing for artists and fans alike. I know many musicians who allow taping and appreciate that their music is being spread...free advertising! For instance, bands like The Grateful Dead & Phish never had a big hit, but could pack arenas due to the spread of bootlegs.
It also helps to renew interest in bands that have been around a while. I know that I have come across some old footage that made me either go out and see the band live, or go out and buy officially released material.
There are many bands (Jethro Tull, Rush and Led Zeppelin come to mind), that allow certain boots to be traded. If there is footage that may not be good enough for a release, they allow traders to circulate them. This keeps piraters from profiting, while giving back to the fans.
There is also a good argument for preserving footage that would otherwise be lost.
My Mission
I love music & I love musicians. I, in no way, would want to hurt the artists sales or livelihood. I believe that music is a blessing to be shared. If it is truly a legal bootleg, nothing makes me happier than sharing. I collect only for the pure enjoyment of the music, never for profit.
Support Live Music and buy the official releases
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