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Originally Posted by Julie in the rv mirror
No, of course not. And I've never illegally downloaded music because I thought it was too expensive to buy. I think there's a distinction between pirated music, which is an illegal copy of an official release, and a bootleg, which is in most cases, an audience recording of a live concert.
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There probably is a distinction - as I say, I am not an expert either, although I have watched many episodes of Perry Mason, mainly for the awesome theme tune
However, distinction or not, they are still both illegal. If you are an audience member (at least in the UK), then you do not have the right to make a copy of the concert unless you are specifically given the right to do so in the ts and cs of eg the ticket, or the venue, or someone with the ability to give you that right.
Quote:
Originally Posted by Julie in the rv mirror
They are a grey area, to my knowledge, and no, I am not a lawyer (nor do I play one on TV  ). At the very least, there are loopholes in the law. I can walk into my local record store right now and find loads of CDs and DVDs that I know for a fact are bootlegs right out on the racks. If it's illegal, how do they get away with it? They slap an "Import" sticker on it. AFAIK, the laws in parts of Europe are different than in the US. In some countries, it's legal to record a show and sell it, provided that you pay a "royalty" to the performer. So, bootleggers simply set up a token account, thus satisfying the law, regardless if the artist collects it or not. At least it was this way- may be different now. I've noticed that many of the bootleg CD's I've seen are of concerts recorded outside of the US. |
I thought that many of the basic copyright laws were international, and then I guess each country can build on that basis. I'm sure there are some countries that dont enforce them or have relaxed the law etc, and "loopholes" certainly always exist. In fact, loophole is also a bit of a misleading term, mainly used by eg The Daily Mail to make us hate lawyers and foreigners more. If a law specifies a way of avoiding the main requirements of that law, or does not specify that something very specific is a requirement, then it is absolutely fine to avoid the main requirement or not to do the thing that they missed out (hope that makes sense, did in my head!).
Again, I've highlighted something key in your quote - if it satifies the law (however dubious it may appear), then it is not illegal.
Oh and getting away with it certainly doesn't make something legal!
Quote:
Originally Posted by Julie in the rv mirror
Speaking strictly as Devil's advocate, if I have made my own recording of a show, to share with my friends, it's not really much different than people who take pictures at a show and post them, or post videos of it on youtube. Provided, of course, I'm not selling the recording to make a profit.
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Absolutely it isn't any different - it is still illegal. Hence Meat or Red Pony or whoever owns the copyright is able to get them removed should they choose to do so. Whether you sell it or not is irrelevant (regardless of whether it is for profit) to whether you legally own it in the first place.