| T O P I C R E V I E W |
| illusion dog |
Posted - 09/25/2004 : 23:42:14
BBC- US judge strikes down bootleg law
http://news.bbc.co.uk/1/hi/entertainment/music/3689580.stm
CNN - Is bootlegging constitutional?
http://money.cnn.com/2004/09/24/technology/personaltech/bootleg_law.reut/index.htm
When I first looked I thought, this still means that the live recording needs to be 70 years old from the death of the last standing pixies member. But now I'm thinking it means that the bootlegs aren't covered under "most US copyright" which is why they made the anti-bootlegging statute and that just got kicked in the nuts. So bootlegs are free and clear right? Can anyone with some legal expertise comment?
If the answer is yes can we post links to bootlegs?
P.S. This doesn't cover live albums or the DiscLive ones I assume. |
| 3 L A T E S T R E P L I E S (Newest First) |
| peter radiator |
Posted - 09/26/2004 : 15:31:21
quote:
Originally posted by VoVat
I don't know about the legal technicalities, but I would say a bootleg is okay if the artist says it's okay.
Unfortunately, this is not a sound theory. Buying or selling (or commercially manufacturing) bootleg live recordings is currently illegal in the USA, despite what this lone judge's opinion may seem to infer. It will most certainly be vigorously challenged and appealed by a variety of parties.
Whether or not the artists gives his/her permission for fans to make tapes at their live shows has no bearing whatsoever on the law that prohibits the copying and distribution of such recordings.
Technically, even swapping tapes or CD-Rs is against the law, but it's such a hard crime to police that the authorities essentially tolerate it. Commercial operations however, which mass-produce discs or LPs by the hundreds or thousands, and sell them directly, or through intermediaries, are bigger fish, and that's why they spend lots of time and money tracking them down and prosecuting them.
~ Peter Radiator
"Real music is out there and real people are making it." ~ Webb Wilder |
| Daisy Girl |
Posted - 09/26/2004 : 11:57:04
This is not considered to be legal advise, just an opinion about the news stories
I am not sure, but DiscLive or what ever live recording company would not be included because the band gives them the explicit right to record the show and I am guessing the copywright of these shows remains with the band.
What I am wondering is these articles focus on "paid" recordings. What about ones you trade? |
| VoVat |
Posted - 09/26/2004 : 11:06:28
I don't know about the legal technicalities, but I would say a bootleg is okay if the artist says it's okay.
"Signature quotes are so lame." --Nathan |
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