SLF's Bootleg Info
SLF's Bootleg Info
About "Bootlegs"
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.
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.
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.
About the term, "Bootleg"
The term, "bootleg", is widely used and understood, but it is not
really appropriate for most live recordings. Illegal recordings are
usually called bootlegs, but not all recordings are illegal. For this
reason, many people prefer other terms.
- Tapes/Tapers
- Many fans who record live performances to collect and enjoy like
to call themselves "Tapers". This comes from the fact that, until
recently, analog (or digital) tape was the only portable means of
recording a performance. Today, many tapers use Digital Audio Tape
(DAT) or MiniDisk (MD). They often make and trade copies of their
recordings on Compact Disc-Recordable (CD-R), which is playable in any
normal CD player. However, they still call themselves tapers and
sometimes even call the recordings tapes, even if they are on other
media.
- Live/Rare Recordings/Recorder
- This is the term I always preferred since it specifically refers to
the hobby. Music fans often desire live and rare recordings to add to
their collections. They usually buy every commercial release, too, and
seriously collect anything related to a specific musical act. This
term is not widely used anymore.
- Bootleg/Bootlegger
- A bootlegger is a person who illegally creates a product for sale.
Bootleggers are usually counterfeiters, pirates, or producers of
controlled substances. Now, most people, myself included, always
called live recordings "bootlegs" or "boots". However, since we don't
want to be associated with the bootleggers described above, it is
probably best to stop using this term.
What Next?
Last updated:
11/26/98
sfoskett@slf.gweep.net