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Old 26-Feb-2006, 06:13
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Bootleg Live Recordings


I always thought that bootleg means that something was produced illegally. e.g. bootleg whisky.

Recently, someone emailed me about Live U2 bootleg CDs that are apparently quite popular on the WWW. Isn't this illegal?

I searched google for [bootleg u2] and was shocked to find they had even Google AdWords ads targetting the phrase! The word bootleg also appears in the ad titles -- how bizarre!

If I search for the definition [define:bootleg], there is one (or more) page that defines it as:

Quote:
Unofficial release of material not available for commercial sale. Such as concerts, unreleased tracks or remixes. These are not pirated releases and from time to time we will carry bootleg material. more...
emphasis mine

So, is it illegal to buy these CDs or not?
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Old 26-Feb-2006, 13:46
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Re: Bootleg Live Recordings


Initially, I think "bootleg" was in fact illegally produced copies of concerts. But now, because of their popularity, I believe some "bootlegs" are produced by the band/record company or at least with their blessing. I guess it's the idea "if they're goining to bootleg our stuff, we might as well beat them to it."

Maybe now the term really additionally means "Not produced as a standard release." In other words, between official album releases it's cheap to produce a couple concert albums and without marketting get them to the die-hard fans.
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Old 26-Feb-2006, 14:57
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Re: Bootleg Live Recordings


I know that originally, in the '70's or so, bootleg music was typically recordings of live concerts. It was possible to buy them but usually it was just something that fans passed around.

I think the catch (against the record companies) is that, if someone makes a recording of a concert, then their is no copyright infringment in the fact that the person didn't copy a pre-made CD. It's kinda like making a recording of a lecture. Now then, I'm sure someone would say you violated copyright because the song itself is copyrighted, but then someone could argue back that, if it's "visible" to the public, then nothing was violated.

For example, the common argument for privacy is if I can see you doing something in your house while I'm on the sidewalk, I didn't violate your privacy. By the same token, if a concert is given in a location where someone could hear it w/o paying a ticket (e.g. an open air concert at a park), then you didn't violate anything if you make a recording. (I know it's iffy but it's just an example).

I don't know copyright law, so I'm not certain, but gut instinct tells me it's illegal (of course, it could just be brain-washing by the RIAA ). But I feel like Walt does; I don't believe it's illegal to get a "bootleg" CD since very few of them are created by fans nowadays. Most of them are like the extras you get w/ DVDs; not an official recording but something the band wanted to put out.
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Old 26-Feb-2006, 16:48
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Re: Bootleg Live Recordings


Well, that makes a lot of sense actually -- thank you.

I got the one labeled "Mountains in a Blue Sky CD 1" which was recorded in 1987! Obviously there is a CD 2 in there somewhere but I didn't get it yet.

The quality of the recording is not bad, not bad at all. Good crowd too... I love U2's Joshua Tree album, it's one of my favourites, so I am glad most of the songs on this CD is off that album.
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Old 16-May-2006, 17:42
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Re: Bootleg Live Recordings


Speaking as someone in there twenties bootlegged music has come to mean any music that isn't officially recorded. A lot of bands allow you to record thier music (Dave Mathews, PHISH, O.A.R.). In this case a bootlegged CD isn't illegal. Some bands don't want you to record them (Mettalica comes to mind). It would probably be illegal to buy a boot legged Mettallica CD but not a Dave CD. In both cases the music would be bootlegged. Dave Matthews has a whole torrent site setup for people to share his bootlegged concerts (www.dreamingtree.org). O.A.R. lets you listen to all there CD's off of there website (www.ofarevolution.com).
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