A bootleg recording is an audio and/or video recording of a performance that was not officially released by the artist, or under other legal authority. Video is the technology of electronically capturing, Recording, processing storing transmitting and reconstructing a sequence of Still images The process of making and distributing such recordings is known as bootlegging. A great many such recordings are simply copied and traded among fans of the artist without financial exchange, but some bootleggers are able to sell these rarities for profit, sometimes by adding professional-quality sound engineering and packaging to the raw material. Fans in Little Italyjpg|thumb|right|Fans in Little Italy Manhattan celebrating the victory of the Italian association football team after the 2006 FIFA World Cup]][[Image Wm-oly-de-cr

Bootlegs can consist of recordings of live performances, or material created in private or professional recording sessions. Changing technologies have had a great impact on the recording, distribution, and varying profitability of the underground industry.

Although distinct from unauthorized copying ("piracy") and counterfeiting, as it involves material which has never been offered for commercial release, bootlegging is considered infringement in many jurisdictions. A counterfeit is an imitation that is made usually with the intent to deceptively represent its content or origins The copyrights for the song and the right to authorize recordings often reside with the artist, according to several international copyright treaties. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for The recording, trading and sale of bootlegs continues to thrive, however, even as artists and record companies attempt to provide "authorized" alternatives to satisfy the demand.

Contents 1 Definitions 2 History of bootlegging 2.1 The early years 2.2 1970s and 1980s 2.3 1990s and 2000s 3 Legal issues 3.1 Bootlegging vs. piracy vs. counterfeiting 3.2 Laws and court rulings 4 Legal alternatives to illicit bootlegging 4.1 Authorized live bootlegs 4.2 Instant live bootlegs 4.3 Commercially released bootlegs 5 See also 6 References 7 Further reading 8 External links

Definitions

Some artists consider any release for which they do not receive royalties to be equivalent to a bootleg, even if it is an officially licensed release. Royalties (sometimes running royalties) are usage-based payments made by one party (the "licensee" to another (the "licensor" for ongoing use of an This is often the case with artists whose recordings have either become public domain or whose original agreements did not include reissue royalties (which was a common occurrence before the 1960s). The public domain is a range of abstract materials &ndash commonly referred to as Intellectual property &ndash which are not owned or controlled by anyone For the reissuing of print material see Reprint A reissue (also known as a re-release or re-edition) is the repeated issue The 1960s decade refers to the years from the beginning of 1960 to the end of 1969

Many bootlegs consist of private or professional studio recordings distributed without the artist's involvement, including demos, works-in-progress or discarded material. A demo version or demo of a song (shortened from the word "demonstration" is one recorded for reference rather than for release These might be made from private recordings not meant to be widely shared, or from master recordings stolen or copied from an artist's home, a recording studio or the offices of a record label. A recording studio is a facility for sound recording. Ideally the space is specially designed by an acoustician to achieve the desired acoustic properties (sound In the Music industry, a record label can be a Brand and a Trademark associated with the Marketing of music recordings and Music A number of bootlegs originated with FM radio broadcasts of live or previously-recorded live performances. See also Frequency modulation, FM band FM broadcasting is a broadcast Technology invented by Edwin Howard Armstrong that

However, the most common type is the live bootleg, or audience recording, which is created with sound recording equipment smuggled into a live concert. A concert is a live Performance, usually of Music, before an Audience. Many artists and most live venues prohibit this form of recording, but from the 1970s onwards the increased availability of portable technology made such bootlegging increasingly easy, and as this technology has improved so too has the general quality of these recordings.

The alternate term ROIO or RoIO, an acronym meaning "Record of Indeterminate Origin", or "Record of Illegitimate Origin", arose among Pink Floyd collectors trying to clarify the differences between counterfeits, pirate copies, live bootlegs, and "ROIOs", meaning recordings whose legal status was difficult or even impossible to determine. Acronyms, initialisms, and alphabetisms are Abbreviations that are formed using the initial components in a phrase or name Pink Floyd are The term has spread beyond Pink Floyd fans but its recognition and usage depends largely on the individual community. It is also sometimes used to denote a Pink Floyd recording of any kind.

In the early 2000s, "bootleg" became an alternate term for "mashups" or "bastard pop", a style of remix in which two or more musical recordings are melded into new piece of music. A mashup or bootleg (also mash up and mash-up) is a song or composition created from the combination of the music from one song with the A cappella A remix is an alternative version of a song different from the original version Early examples often copied sound clips without paying royalties to the original artist.

History of bootlegging

The early years

Unauthorized recordings can be traced back to the early days of opera, jazz, and blues music. Opera is an art form in which Singers and Musicians perform a Dramatic work (called an opera which combines a text (called a Libretto Jazz is an American Musical art form which originated in the beginning of the 20th century in African American communities in the Southern United States The Blues is a vocal and instrumental form of Music based on the use of the Blue notes It emerged as an accessible form of self-expression The first recognised rock bootleg in the United States was a double-LP known as The Great White Wonder, for the plain white cover, sleeve and labels. The United States of America —commonly referred to as the Great White Wonder or GWW was a Double album Bootleg recording of Bob Dylan, released in July 1969 and famous for This was a 1969 collection of Bob Dylan recordings and studio out-takes, as well as seven tracks from sessions made with members of The Band (released many years later in The Basement Tapes), put out by a pair known as "Ken" and "Dub". Year 1969 ( MCMLXIX) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. Bob Dylan (born Robert Zimmerman, May 24 1941 in Duluth, Minnesota) is an American singer-songwriter author poet and painter who has been a major The Band was a rock group active from 1967 to 1976 and again from 1983 to 1999 The Basement Tapes is a Studio album by Bob Dylan and The Band, released in 1975 by Columbia Records. The album was in great demand since these unreleased tracks were otherwise unavailable. Hundreds of other bootleg LPs of Dylan's music, including several volumes of Little White Wonder would be released over the ensuing years. One notable release was Ten of Swords, a 10-LP box set that was issued shortly after the 5-LP Biograph was released in 1985. Unlike most major artists, whose bootlegs were usually recorded in large concert venues, the Dylan bootlegs were typically taken from unreleased songs, demo tapes, or live performances made in intimate settings or during interviews. Other early bootleg recordings that date from the same time period as The Great White Wonder include Kum Back / The World's Greatest by The Beatles, Live On Blueberry Hill by Led Zeppelin and The Greatest Group on Earth by the Rolling Stones. The Beatles were a pop and rock band from Liverpool, England formed in 1960 Live On Blueberry Hill (also known as Blueberry Hill) is a Bootleg recording of the English Rock group Led Zeppelin Led Zeppelin were Soon thereafter, bootleg recordings began to emerge from Britain as well, with an unofficial release of a live recording of Jimi Hendrix at the Royal Albert Hall. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located James Marshall Hendrix (born Johnny Allen Hendrix) (November 27 1942 – September 18 1970 was an American Guitarist, Singer and Songwriter The Royal Albert Hall is an Arts venue situated in the Knightsbridge area of the City of Westminster, London, England, best known ^[1]

Early live recordings typically contained a great deal of crowd noise, with screams and whistles from audience members close to the microphone sometimes drowning out the performance. Bootleggers gradually found ways to minimize this, sometimes just by choosing their position in the crowd carefully, by elevating the microphone above the crowd on an extensible pole, or by taping it to a light or speaker pole. Others found sophisticated ways of connecting recording equipment directly into the Front of House mixing console or soundboard, with or without the cooperation of the performer's sound crew. Front of House (abbreviated FOH) is a theatrical term referring to the portion of the building that is open to the public In professional audio, a mixing console, or audio mixer, also called a sound board or soundboard, is an electronic device for combining

Blank album covers and labels were commonplace in the early years of bootlegging; the album was often identified only by a photocopied page inside the shrink wrap listing the artist and songs, sometimes with a photograph or two. Some albums would have phony labels or covers that listed songs and artists that were in no way related to the actual music on the album. In an attempt to legitimize the practice, many LPs purported to have been made in Italy, West Germany, Australia and other countries so that they could be marketed as "imports" rather than bootlegs.

After having many of their albums available in bootleg, the Who decided to put out their first live album (Live at Leeds) in 1970 with a brown, cardboard looking cover with "The Who Live at Leeds" stamped on the cover to make it appear as though it were a bootleg. The Who are an English rock band formed in 1964. The primary lineup consisted of guitarist Pete Townshend Live at Leeds (1970 is The Who 's first Live album, and is their only live album that was released while the band was still recording and performing The songs were written on the album (by Townshend's hand) to further the joke. Peter Dennis Blandford Townshend (born 19 May 1945 in Chiswick, London) is an English rock Guitarist, Singer, The sound quality of this album was actually better and cleaner than most live recordings of rock bands that had been officially released prior to that date.

Many years later, and for the same reason, Aerosmith released their first official live album, Live! Bootleg in 1978. Aerosmith is an American Hard rock band sometimes referred to as "The Bad Boys from Boston " and "America's Greatest Rock and Roll Band" Live! Bootleg is a Live album by American Hard rock band Aerosmith, released in 1978 In addition to imitating bootleg cover designs, the album also gives an incorrect track listing (which is also common in bootleg recordings): the song "Draw The Line" is included on the record but does not appear listed.

1970s and 1980s

During the 1970s the bootleg industry in the United States expanded rapidly, coinciding with the era of stadium or arena rock. This article is about the Decade 1970-1979 For the Year 1970 see 1970. Vast numbers of recordings were issued for profit by bootleg labels such as Kornyfone and Trade Mark of Quality. The Amazing Kornyfone Record Label (TAKRL was one of the first bootlegging Record labels in America. TMQ, TMOQ or Trademark Of Quality was a bootleg Record label that originated in the Los Angeles California ^[2] The large followings of bands such as Deep Purple, Led Zeppelin, The Rolling Stones and Pink Floyd created a lucrative market for the mass production of unofficial recordings on vinyl, as it became evident that more and more fans were willing to purchase them. Deep Purple are an English rock band formed in Hertfordshire in 1968 Led Zeppelin were Pink Floyd are A gramophone In addition, the huge crowds which turned up to these concerts made the effective policing of the audience for the presence of covert recording equipment virtually impossible.

In Los Angeles there were a number of record mastering and pressing plants that were not "first in line" to press records for the major labels, usually only getting work when the larger plants were overloaded. Los Angeles (lɑˈsændʒələs los ˈaŋxeles in Spanish) is the largest City in the state of California and the American West These pressing plants were more than happy to generate income by pressing bootlegs of dubious legality. Sometimes they simply hid the bootleg work when record company executives would come around (in which case the printed label could show the artist and song names) and other times secrecy required labels with fictitious names. For example, a 1972 Pink Floyd bootleg called Brain Damage was released under the name The Screaming Abdabs. Sigma 6 was a Rhythm and blues band formed in 1964 by Roger Waters while he was studying architecture at a college in London. ^[2]

Bootleg collectors in this era generally relied on Hot Wacks, an annual underground magazine catalog of known bootlegs, for information about recently-released bootleg albums. Hot Wacks is a Canadian underground Magazine that has been in circulation for over 25 years featuring reviews of bootleg music releases. It provided the true information on releases with fictitious labels, and included details on artists and track listings, as well as the source and sound quality of the various recordings.

The market outlets for bootlegs-for-sale were varied. In the early years, bootlegs could be bought from vendors lurking in the alleys and parking lots around live venues, as well as at swap meets, street markets, record collector shows, and smaller record stores. A flea market or swap meet is a type of Bazaar where inexpensive or secondhand goods are sold or bartered Mail order sources were advertised by word of mouth, and in many cases uniquely associated with individual bands. Mail order is a term which describes the Buying of goods or services by Mail delivery There were major markets in Japan and Europe for Led Zeppelin bootleg recordings, Beatles bootlegs, and rarities from The Rolling Stones, Deep Purple, Pink Floyd, KISS, and Queen, among others. For a topic outline on this subject see List of basic Japan topics. Led Zeppelin bootleg recordings are Audio and/or Video recordings of musical performances by English rock band Led Zeppelin Kiss (also typeset as KISS) is an American rock band formed in New York City in December 1972 Queen were an English rock band formed in 1970 in London by guitarist

Throughout the 1970s most bootleg records were of poor quality, with many of the album covers consisting of nothing more than cheap photocopies. A photocopier (or copier is a machine that makes Paper copies of documents and other visual images quickly and cheaply However, later in the decade a number of unofficial "labels" such as Swinging Pig emerged in Europe, which released limited editions of better quality recordings, with improved album artwork. This trend in enhanced audio and packaging standards continued into the 1980s. The 1980s was the decade spanning from January 1 1980 to December 31 1989. ^[1]

The 1980s saw the increased use of audio cassettes and videotapes for the dissemination of bootleg recordings, as the affordability of private dubbing equipment made the production of multiple copies significantly easier. The 1980s was the decade spanning from January 1 1980 to December 31 1989. The Compact Cassette, often referred to as audio cassette, cassette tape, cassette, or simply tape, is a Magnetic tape sound Videotape is a means of recording images and sound onto Magnetic tape as opposed to movie film. In Sound recording, dubbing is the transfer or copying of previously recorded audio material from one medium to another of the same or a different type Cassettes were also smaller, easier to ship, and could be sold or traded more affordably than vinyl. Cassette culture and tape trading, propelled by the DIY ethic of the punk subculture, relied on an honor system where people who received tapes from fellow traders made multiple copies to pass on to others within the community. Cassette culture refers to the trading of home-made audio cassettes usually of rock or alternative music The practice of Tape trading is an unofficial method of distribution of demo tapes encompassing musical genres such as punk, hardcore, Thrash The DIY ethic ( Do it yourself ethic refers to the ethic of being self-reliant by completing tasks oneself as opposed to having others who are likely more experienced complete The punk subculture is based around Punk rock. It emerged from the larger Rock music scene in the mid-to-late-1970s in the United Kingdom, the United An honor system or honesty system is a philosophical way of running a variety of endeavors based on trust, Honor, and Honesty.

For a while, stalls at major music gatherings such as the Glastonbury Festival sold mass copies of bootleg soundboard recordings of bands who, in many cases, had played only a matter of hours beforehand. For the classical music and theatre festivals co-founded by Rutland Boughton between 1914 and 1926 see Glastonbury Festival (1914-1925 The However, officials soon began to counteract this illegal activity by making raids on the stalls and, by the end of the 1980s, the number of festival bootlegs had consequently dwindled. ^[1]

According to Clinton Heylin, author of Bootleg: The Rise & Fall of the Secret Recording History, the five most bootlegged artists are The Beatles, Led Zeppelin, The Rolling Stones, Bob Dylan and Bruce Springsteen. ^[3] Probably the most celebrated bootleg recording is The Black Album by Prince. The Black Album is a Prince record that was originally planned for release in December 1987 as the follow-up to Sign o' the Times. Prince, from the Latin root Princeps, is a general term for a Monarch, for a member of a monarch's or former monarch's family and is a The album was to have been a conventional major-label release but was pulled back from the market almost immediately after its initial release in November 1987. Bootlegs appeared shortly thereafter from a variety of sources and with widely different sound qualities. Reportedly, over 500,000 copies were sold.

1990s and 2000s

In the 1990s there was a widespread conversion of many of the older bootlegs onto the compact disc format. The 1990s collectively refers to the years between and including 1990 and 1999 A Compact Disc (also known as a CD) is an Optical disc used to store digital data, originally developed for storing digital audio Unofficial recordings became more readily available than ever before, resulting in thousands of bootlegs being circulated on CD amongst avid collectors and fans, in many cases of shows which had been originally recorded over thirty years previously. In particular, companies in Germany and Italy exploited the more relaxed copyright laws in those countries by pressing large numbers of CDs and including catalogs of other titles on the inlays, making it easier for fans to find and order shows direct. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for ^[1] Similarly, relaxed copyright laws in Australia meant that the most serious legal challenge to unauthorized releases were made on the grounds of trademark law by Sony Music Entertainment in 1993. A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual Sony Music Entertainment is a major global Record label controlled by the Sony Corporation of America, being one of the "big four" record companies Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) Court findings were in favor of allowing the release of unauthorized recordings clearly marked as "unauthorised. " However, the updated GATT 1994 soon closed this so-called "protection gap" in all three aforementioned countries effective January 1, 1995. The 'General Agreement on Tariffs and Trade' (typically abbreviated 'GATT' was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 ^[3]

Filling in the vacuum, with the Internet expanding, bootleg websites and mailing lists began to appear, including public websites catering to collectors who exchanged tapes and CDs free of charge, and surreptitious ones devoted to the sale of bootlegs for profit. The Internet is a global system of interconnected Computer networks

The tightening of laws and increased enforcement by police on behalf of the British Phonographic Industry (BPI), Recording Industry Association of America (RIAA) and other industry groups—often for peripheral issues such as tax evasion—gradually drove the distributors of for-profit vinyl and CD bootlegs further underground. The British Phonographic Industry (BPI is the British record industry's trade association. Tax avoidance is the legal utilization of the Tax regime to one's own advantage in order to reduce the amount of tax that is payable by means that are within the law ^[1] Physical bootlegging largely shifted to less regulated countries such as Hong Kong, Russia, and Brazil, with the results distributed through existing underground channels, open market sites such as eBay, and other specialized websites. Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders Russia (Россия Rossiya) or the Russian Federation ( Rossiyskaya Federatsiya) is a transcontinental Country extending |utc_offset = -2 to -4 |time_zone_DST = BRST |utc_offset_DST = -2 to -5 |cctld eBay Inc is an American Internet company that manages eBaycom an Online auction and shopping Website in which people and businesses buy and

However, the late 1990s and early 2000s saw an increase in the free trading of digital bootlegs, sharply decreasing the demand for and profitability of physical bootlegs. The rise of standard audio file formats such as MP3 (although it should be noted that most of the traders, if not all of them, highly discourage trading bootleg recordings encoded by lossy compression schemes - storing the recordings in lossless formats, such as FLAC, is preferred), combined with the ability to share files between computers via e-mail, FTP, instant messaging, and specialized peer-to-peer file sharing networks such as Napster (now defunct as p2p), Limewire, and BitTorrent, made it simpler than ever for bootleg collectors to exchange rarities. An audio file format is a Container format for storing audio data on a Computer system MPEG-1 Audio Layer 3, more commonly referred to as MP3, is a Digital audio encoding format using a form of Lossy data compression A lossy compression method is one where compressing data and then decompressing it retrieves data that may well be different from the original but is close enough to be useful Lossless data compression is a class of Data compression Algorithms that allows the exact original data to be reconstructed from the compressed data Free Lossless Audio Codec ( FLAC) is a File format for lossless Audio data compression. Electronic mail, often abbreviated to e-mail, email, or originally eMail, is a Store-and-forward method of writing sending receiving For other uses of the term see Peer-to-peer (disambiguation For peer-to-peer networks used for file sharing see File sharing See Shared resource for the conventional meaning of file sharing File sharing refers to the providing and receiving of digital files over a Napster was an online music file sharing service created by Shawn Fanning while he was attending Northeastern University in Boston and operating See Shared resource for the conventional meaning of file sharing File sharing refers to the providing and receiving of digital files over a BitTorrent is a Peer-to-peer File sharing protocol used to distribute large amounts of Data. Older analog recordings were converted to digital format for the first time, tracks from bootleg CDs were ripped to computer hard disks, and new material was created with digital recording of various types, and all of these types could now be easily shared. Ripping is the process of copying audio or video content to a Hard disk, typically from Removable media or media streams. In digital recording, the analog signal of Video or Sound is converted into a stream of Discrete numbers representing the changes in Air One notable change caused by this shift in technology was the unit of exchange: instead of album-length collections or live recordings of entire shows, aficionados often now had the option of searching for and downloading bootlegs of individual songs. To download is to receive data from a remote or central system such as a Webserver, FTP server, mail server or other similar systems ^[4]

Legal issues

Bootlegging vs. piracy vs. counterfeiting

Main article: Copyright infringement

Bootlegging is often incorrectly referred to as piracy but there are important differences between the two terms. 'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by Copyright law in a manner that violates 'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by Copyright law in a manner that violates Bootlegging is trafficking in recordings that the record companies have not commercially released, whereas piracy is the illegal copying/sale of recordings that are (or have been) available commercially or are planned/scheduled for commercial release. Historically, pirate releases were widespread in the 8-track cartridge format, many with labels spuriously claiming that "all royalties have been paid. This is an article about the 8-track cartridge For eight-track multitracking see Multitrack recording. "

A pirate release is further distinguished from a counterfeit. A counterfeit is an imitation that is made usually with the intent to deceptively represent its content or origins Counterfeits attempt to mimic the look of officially released product; pirate releases do not necessarily do so, possibly substituting cover art or creating new compilations of a group's released songs. A counterfeit is always a pirate but a pirate is not necessarily a counterfeit.

"Bootlegging" is sometimes also used to refer to the unlicensed file sharing of copyrighted music but the term piracy is usually more appropriate. See Shared resource for the conventional meaning of file sharing File sharing refers to the providing and receiving of digital files over a Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for In the same vein, "bootlegging" has become the default term amongst Japanese anime fans to describe the piracy or counterfeiting of CDs, DVDs, computer and video games, arcade games, and other merchandise. (anime in Japanese, A Compact Disc (also known as a CD) is an Optical disc used to store digital data, originally developed for storing digital audio DVD (also known as " Digital Versatile Disc " or " Digital Video Disc " - see Etymology)is A video game is a Game that involves interaction with a User interface to generate visual feedback on a video device. An arcade game is a coin-operated entertainment machine typically installed in businesses such as Restaurants Pubs Video arcades and Family Entertainment These increasingly sophisticated imitation goods from Hong Kong are much reviled by fans and the industry alike, and many anime fan conventions have adopted a strict non-bootleg policy for vendors and attendees. Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders A fan convention, or con, is an event in which fans of a particular TV show, Comic book, or Actor, or an entire style of entertainment

Laws and court rulings

The Berne Convention for the Protection of Literary and Artistic Works has protected the copyrights on literary, scientific, and artistic works since 1886. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright Article 9 of the Convention states that: Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. [. . . ] Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention. ^[5]

The World Intellectual Property Organization (WIPO), founded in 1967, is one of the specialized agencies of the United Nations, aiming for the international protection of intellectual property rights. The World Intellectual Property Organization ( WIPO) is one of the 16 specialized agencies of the United Nations. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names According to Article 6 of the international WIPO Performances and Phonograms Treaty of 1996, all performers own the rights to their own performances: "Performers shall enjoy the exclusive right of authorizing, as regards their performances: (i) the broadcasting and communication to the public of their unfixed performances except where the performance is already a broadcast performance; and (ii) the fixation of their unfixed performances. The WIPO Performances and Phonograms Treaty (or WPPT) is an international Treaty signed by the member states of the World Intellectual Property Organization "^[6] The WIPO Copyright and Performances and Phonograms Treaties Implementation Act in the United States says "(a), unless authorized by the owners of copyright in the sound recording or [. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act, is a part of the Digital Millennium Copyright Act . . ] in the musical works embodied therein, neither the owner of a particular phonorecord [. . . ] may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord [. . . ] by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending. "^[7]

Most artists have made little effort to pursue legal action about bootleg recordings, viewing such "rarities trading" as harmless provided that it is not being done for profit. The benefits of interfering with such trading are fairly minimal compared to the potential ill-will generated against the artist, as the illicit works are generally circulated among the artist's most loyal fans, which have the most interest. Most record companies also have not shown an interest in pursuing or prosecuting small-scale bootleggers, but this could change at any time.

However, in 2004 U. S. District Judge Harold Baer Jr. struck down a 1994 law banning the sale of bootleg recordings of live music, ruling that the law unfairly grants a seemingly perpetual copyright period to the original performances. ^[8] He dismissed a federal indictment of Jean Martignon, who was running a Manhattan mail-order and Internet business that sells bootleg recordings. The Recording Industry Association of America disagreed with the ruling, saying the decision "stands in marked contrast to existing law and prior decisions that have determined that Congress was well within its constitutional authority to adopt legislation that prevented trafficking in copies of unauthorized recordings of live performances", according to spokesman Jonathan Lamy. ^[9] In 2007, Judge Baer's ruling was overruled, and the 2nd Circuit of the US Court of Appeals found that the anti-bootlegging statute was within the power of congress. 492 F. 3d 140

Legal alternatives to illicit bootlegging

Artists and record companies have attempted to find ways to provide authorized alternatives to satisfy consumer demand for bootleg recordings, including the marketing of their own live albums and rarities collections. A live album &ndash commonly contrasted with a Studio album &ndash is a recording consisting of material (usually music recorded during stage performances

Authorized live bootlegs

An increasing number of artists have decided to allow and encourage live audience recording, although they and their fans generally consider the selling of such recordings—as opposed to keeping them for one's own personal enjoyment or trading them for other audience recordings—to be illegitimate bootlegging. Fans cite the encouragement of these recordings as a key factor in their long-term loyalty to these bands.

In addition, many performers have made joking suggestions to bootleggers presumably in the audience, especially when a new or unusual song is about to be performed. Fans often hopefully cite such comments as evidence of permission to make bootleg recordings.

The Grateful Dead is well known for explicitly allowing their shows to be taped. The Grateful Dead was an American rock band formed in 1965 in the San Francisco Bay Area.

Instant live bootlegs

In the early 2000s, artists responded to the demand for bootleg concert recordings by experimenting with the sale of authorized bootlegs made directly from the unmixed soundboard feeds, or from on the fly multitrack mixes, and thus superior to surreptitious audience recordings which are typically marred by crowd noise. In professional audio, a mixing console, or audio mixer, also called a sound board or soundboard, is an electronic device for combining Colloquial usage In colloquial use on the fly means something created when needed Multitrack recording ('multitracking' or just 'tracking' for short is a method of Sound recording that allows for the separate recording of multiple sound sources to create These releases were generally available a few days to a few weeks after the concert. ^[10]. Notable examples include Genesis, and Peter Gabriel, who has released such copies of live recordings for most of his concerts since 2003.

In the mid-2000s, improving technology in high-speed CD reproduction made some of these "official boots" available to audience members immediately as they leave the concert; some companies can begin selling complete concert CDs less than ten minutes after the end of the show. ^[11] However, a key patent in the process (that of dividing the single recording into discrete digitally marked tracks during recording) was bought by media giant Clear Channel Communications, which sued smaller competitors for patent infringement to force them out of the business. Clear Channel Communications is a media conglomerate company based in the United States. Patent infringement is the act of utilizing a patented Invention without permission from the Patent holder When Clear Channel divested its live entertainment business into the spin off company Live Nation in 2005, the patents were transferred as well. Live Nation Inc is a live Events company based in Beverly Hills California. The patent (U.S. Patent 6,917,566 ) was revoked by the USPTO in 2007 after challenges filed by the Electronic Frontier Foundation. The Electronic Frontier Foundation ( EFF) is an international non-profit advocacy and legal organization based in the United States with the stated purpose of being dedicated ^[12]

Commercially released bootlegs

Many recordings first distributed as bootleg albums were later released officially by the copyright holder; for instance, the release of the 1996 Anthology series effectively killed the demand for many of The Beatles bootlegs previously available. Anthology 1 is a Compilation album by The Beatles and the first of a three-volume collection The Beatles were a pop and rock band from Liverpool, England formed in 1960 In 2002 Dave Matthews Band released Busted Stuff in response to the Internet-fueled success of The Lillywhite Sessions which they had not intended to release. Dave Matthews Band (also known by the initials DMB) is a United States -based rock band originally formed in Charlottesville, Virginia The Lillywhite Sessions is a collection of songs recorded by Dave Matthews Band in 1999 and 2000 and produced by

Artist	Release(s)	Notes
Nirvana	Incesticide (1992) With the Lights Out (2004) Sliver: The Best of the Box (2005)	According to some collectors, a couple of tracks on With the Lights Out might have been taken from an actual bootleg CD. Nirvana was an American rock band that was formed by singer/guitarist Kurt Cobain and bassist Krist Novoselic in Aberdeen Washington. Incesticide is a Compilation album by the American grunge band Nirvana. "Old Age" redirects here See Old age. With the Lights Out is a Box set, containing 3 CDs and 1 DVD from the Sliver The Best of the Box is a compilation album from the American grunge band Nirvana. "Old Age" redirects here See Old age. With the Lights Out is a Box set, containing 3 CDs and 1 DVD from the
Bob Dylan	The Bootleg Series Volumes 1-3 (1991) The Bootleg Series Vol. 4 (1998) The Bootleg Series Vol. 5 (2002) The Bootleg Series Vol. 6 (2004) The Bootleg Series Vol. 7 (2005)	Seven volumes (but only five discrete releases). Bob Dylan (born Robert Zimmerman, May 24 1941 in Duluth, Minnesota) is an American singer-songwriter author poet and painter who has been a major The Bootleg Series Volumes 1–3 (Rare & Unreleased 1961–1991 is a compilation box set by Bob Dylan. The Bootleg Series Vol 4 Bob Dylan Live 1966 The "Royal Albert Hall" Concert is a live recording from Bob Dylan 's legendary "world tour" The Bootleg Series Vol 5 Bob Dylan Live 1975 The Rolling Thunder Revue is a Live album by Bob Dylan released by Columbia Records in 2002 The Bootleg Series Vol 6 Bob Dylan Live 1964 Concert at Philharmonic Hall is a complete recording of Bob Dylan 's October 31, 1964 "Halloween" The Bootleg Series Vol 7 No Direction Home The Soundtrack is the second most recent installment in the Bob Dylan "Bootleg Series" of rare and/or officially
Frank Zappa	Beat the Boots (1992) Beat the Boots II (1992)	Remastered directly from bootleg discs. Frank Vincent Zappa (December 21 1940 – December 4 1993 was an American Composer, Electric guitarist Record producer and Film director Beat the Boots is a collection of Bootleg recordings by Frank Zappa which were originally distributed illegally but were released officially by Rhino Beat the Boots II is a Box set by Frank Zappa. It compiles Bootleg recordings which were previously available illegally and was released Zappa also copied the packaging directly from the bootleg releases, adding no additional material other than a cardboard box.
Morly Grey	The Only Truth (2002)	Illegal release on Akarma in 2002 of the Starshine Records album. Morly Grey is a Progressive rock band that formed the late 1960s The Only Truth. Morly Grey released this album in 1972 on Starshine Records.
Prince	The Black Album (1994)	Studio album initially shelved in 1987 and widely bootlegged since. Prince Rogers Nelson (born June 7 1958 in Minneapolis, Minnesota) is an American musician The Black Album is a Prince record that was originally planned for release in December 1987 as the follow-up to Sign o' the Times.
Rory Gallagher	The G-Man Bootleg Series Vol.1 (1992) Meeting With The G-Man (2004)
Led Zeppelin	Led Zeppelin BBC Sessions (1997)	Material from three different 1969 sessions and a 1971 concert from the Paris Theatre in London, recorded by the BBC. Rory Gallagher (2 March 1948&ndash14 June 1995 was an Irish Blues / rock Guitarist Born in Ballyshannon, County Donegal G-Men Bootleg Series Vol1 was Rory Gallagher 's last official release before his untimely death in 1995 Meeting With The G-Man is one of the only recordings of Rory Gallagher's last band Led Zeppelin were The Paris Theatre (also known as Paris Studios) was a former cinema located in Lower Regent Street, London, which was converted into a Theatre London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. Countless bootlegs of these recordings circulated for years before the official release.
The Smashing Pumpkins	Machina II (2000)	Released independently to fans on vinyl and the Internet as a gesture of defiance to Virgin Records. The Smashing Pumpkins are an American Alternative rock band that formed in Chicago, Illinois in 1988 Machina II/The Friends & Enemies of Modern Music is the sixth studio Album by The Smashing Pumpkins. Virgin Records is a British Record label founded by English entrepreneur Richard Branson, Simon Draper, and Nik Powell
Mike Portnoy	Multiple Dream Theater recordings	Portnoy founded the YtseJam Records bootleg label, and is one of the most vocal pro-bootleg musicians despite his band not having a clear audience taping policy. Michael Stephen Portnoy (born April 20, 1967) American Drummer primarily known as the drummer and backing vocalist for the Progressive Dream Theater is an American Progressive metal band formed in 1985 under the name " Majesty " by John Myung, John Petrucci YtseJam Records is a semi-independent Record label set up by Dream Theater drummer Mike Portnoy in 2003.
Sex Pistols	Spunk (2006)	Bootleg of demos originally released in 1977, officially released by Sanctuary Records in 2006. The Sex Pistols are an English Punk rock band that formed in London in 1975 Spunk is the title of a bootleg album by Sex Pistols, originally released in the UK during September or October 1977 (see 1977 in music) Sanctuary Records is a Record label based in the United Kingdom and a subsidiary of Universal Music Group.
The Velvet Underground	Bootleg Series Volume 1: The Quine Tapes (2001)	Recorded by Robert Quine at assorted shows in 1969. This article is about the band For their self-titled album see The Velvet Underground (album; for the book see The Velvet Underground (book Bootleg Series Volume 1 The Quine Tapes is a triple Live album by The Velvet Underground. Robert W Quine ( December 30, 1942 – May 31, 2004) was an American Guitarist, known for his innovative Guitar solos
Swans	most live releases	Most Swans live albums began as bootleg recordings made by band members. Swans was an influential American Post-punk band active from 1982 to 1997 led by singer songwriter and multi-instrumentalist Michael Gira. Swans was an influential American Post-punk band active from 1982 to 1997 led by singer songwriter and multi-instrumentalist Michael Gira.
Pink Floyd	P*U*L*S*E DVD	Special features include Bootlegging the Bootleggers, assembled from video provided by Pink Floyd historian Vernon Fitch, combined with official soundboard recordings, and edited together. Pink Floyd are Pink Floyd are The bootleg of Dark Side of the Moon was issued a mere six weeks after the concert, about a full year prior to an official release. The Dark Side of the Moon (titled Dark Side of the Moon in the 1993 CD edition is a Concept album by the British Progressive Professionally packaged, the unit reportedly sold in excess of 100,000 copies, many thinking it was the real thing.
Iron Maiden	Europe 1992 (1992)	A Real Live Dead One is the most similar "real" album for that. For other uses see Iron maiden.
Deep Purple	Scandinavian Nights (1988)	Scandinavian Nights (recorded in Stockholm in 1970) and several other bootlegs of early Deep Purple performances have been remastered and "officially" released by the Deep Purple Appreciation Society and Purple Records, including Aachen 1970, Montreux 1969, and the In Concert 1970/72 recordings, which were taken from BBC Radio Broadcasts. Deep Purple are an English rock band formed in Hertfordshire in 1968
Elvis Presley	The Million Dollar Quartet (1981-1990/2006) [FTD - New Years Eve] (2003) [FTD - Closing Night] (2004) [Close Up Disc 4] (2003) [FTD - Takin' Tahoe Night] (2003) [FTD - Southern Nights] (2006) [FTD - Unchained Melody] (2007)	The Million Dollar Quartet session took place on December 4, 1956 at Sun Studios in Memphis, Tennessee. Million Dollar Quartet is the name given to recordings made on Tuesday December 4 1956 in the Sun Record Studios in Memphis Tennessee The session was comprised of Elvis Presley, Johnny Cash, Jerry Lee Lewis and Carl Perkins. This was first released on bootleg in 1981 with only 17 tracks. It was release more times over the years until 1990 when RCA release the copy of the tape which was owned by Elvis. 2006 saw the release of more of the session. The New Year's Eve concert from 1976 was one of Elvis' longest shows. This was release was an audience recording in 1977 as the name of Rockin' With Elvis On New Year's Eve. It was a two LP set and is considered as one of the best audience recordings. In 2003 the exact same source tape was used for the FTD/RCA release of New Years Eve. The Funny Side of Elvis and The King Goes Bananas are audience recordings from September 3, 1973 Closing Show in Vegas that was release in the 90s. One of Elvis' most unusual concerts in his career with Elvis clowning around on most of the songs. Most of the soundboard of this show was release in 2004 by FTD/RCA under the name Closing Night. During the movie Elvis On Tour, Elvis did a show on April 18, 1972 in San Antonio, Texas. Three songs are seen in the movie. This was release as a soundboard in 1993 under the name Welcome to San Antone under the Vicky label but RCA release the stereo source tape of this show on Disc 4 in the box set Close Up in 2003. The show from May 13 1973 in Lake Tahoe was release sometime in the 90s as an audience recording but in 2003 the soundboard of the show was release under the FTD/RCA label as Takin' Tahoe Night. FTD release Southern Nights with many songs from various bootlegs that comes from April, May and June 1975. The songs are from Atlanta, Macon, Memphis, Houston, Lake Charles, Huntsville and Mobile. FTD release Unchained Melody has songs from some bootlegs as well. One that stands out the most is Where No One Stands Alone. This was the only time he sung that song ever.

See also

• Magnitizdat, for live recordings of banned bards and musicians in the Soviet Union

References

Further reading

• Heylin, Clinton. The Great White Wonders: The Story of Rock Bootlegs. Viking Press, September 1994. (ISBN 0670857777)
• Heylin, Clinton. Bootleg! The Rise & Fall of the Secret Recording Industry. Omnibus Press, 2004.
• Thompson, Dave. A Music Lover's Guide to Record Collecting. Backbeat Books, September 2002. (ISBN 0879307137)

External links

• Etree Wiki
• Pirated Business In Ukraine (in Russian)
• Video Bootlegs
• Live Music Archive
• A History of Bootlegging
• CD Pinkerton. "What is a bootleg" (1996)

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