Bootlegs

[lynnzop[$]]

I have recently found an excellent source for bootleg CDs...never-released outtakes, concert recordings, stuff that was never sold as a CD. I've been enjoying some artists who I love, some who I've forgotten, some who I've never heard before. It's expanding my horizons and with some of the previously unknown bands, it will point me to buy CDs from them that I would have not otherwise considered....but I wonder about the whole ethical side of it.

My source, BTW, is very strict on a "won't copy existing CDs, that rips off the artist" stance. But is copying bootlegs unethical as well?

Your thoughts?

Lynn

[mrisch[$]]

If doing something banned by law is unethical, then the answer is easy. Unless the bootlegs were consented to by the band (common for Grateful Dead, Dave Matthews Band, and others), copying recordings made of concerts is copyright infringement.

That aside, the ethics argument can go both ways, I think. On the one hand, widespread distribution of such items can bring notoriety and fame to a band. That's why bands allow it in the first place.

On the other hand, the artist should arguably be able to control who gets to hear its music or not, and reap all benefits for it. This is true from a "moral rights" perspective, and more importantly from an economic perspective. What if that band wanted to come out with a live album (even if it is a 20 year retrospective) - and the market is diluted with bootlegs?

One last thing to note - an "ethical" bootlegger NEVER sells the recording for profit - that is definitely considered ripping off the band, even ones who allow bootlegging.

[lynnzop[$]]

The ones that I am getting are definitely NOT for profit. There is some trading involved, or reimbursement for the CDs burned, but not for profit.

IMO, this is not like the whole napster downloading thing, but I'm slightly uncomfortable with it. On the other hand, it is opening my eyes to some new artists, who have CDs that I will actually buy as a result of hearing their live concerts via "bootlegging".

[Joubert[$]]

I know there are many artists who don't mind bootlegs, but the music companies (didn't we used to call them record companies?) have forced many artists to stop encouraging bootlegs.

Only two years ago you could find copies of many Ben Folds concerts that he actually encourage the recording of. The Dead and many others also encourage this practice, but I think it's going the way of the dinosaur.

My advice? Continue supporting your artists through legit CD purchases while enjoying the bootlegs. I suspect that if your source collects anything beyond a nominal fee for shipping, handling or disks, that there may be something wrong with the practice. If not, go for it!

[Sooner95]

It really depends on the format you are getting thise Bootlegs. Live shows and such in formats, such as .FLAC and .SHN are actually legal, as long as the format is not changed over to say mp3 ect... but sharing the flac, shn, bootlegs, live shows and such has a very large following, many boards, with trading clubs, and actual professional's who go to these shows, and record the shows. Artists are well aware of this practice also.

The format is a very clean, crisp and great for live shows, you get the whole feel for the show, audience, clapping, music, and such...much better than any mp3 live recording ect... to much loss..

None of it is distro'd for money or any of that, it is strongly not recommemded to do so by many of the people who do the recording ect...

Ethical? that depends... alot of the recording companies ways are UNethical is my opinion...throw out some pretty looking people who cant sing and make a million$ Big reason why music today is horrible...

[shadow8]

IMHO (lol), "ethics" and the recording industry are (to put it VERY nicely) mutually exclusive. Sorry, I just find it pretty ironic that the recording industry always preaches ethics when they themselves ain't exactly known for their ethical behavior.

With that said, my understanding is that bootlegs are pretty much legal, as long as they are consented by the artist. But the RIAA has a major stick stuck up their stupid asses so they frown upon bootlegs. Of course, if the RIAA ran things, they would probably make taping music off the radio illegal as well. And they would probably make playing music at friends' parties illegal unless the host paid the RIAA royalties lol.

Seriously, if you don't feel comfortable about this, I suggest you forget about the bootlegs. Personally, I consider myself one of the most ethical people out there and I would have absolutely no qualms about obtaining bootleg (unreleased material, ones recorded from concerts) CDs, but that's just me....

[frazzledspice]

With information so readily available in this day and age, it's hard not to violate a law here and there.

And I buy used CD's all the time. I don't buy a new CD if a used one is available at a good price. I know that's legal (even though I'm sure the RIAA would prefer it wasn't) but I'm not paying the extra royalties.

Our church band is always playing songs that we don't have any sheet music for. I always thought this was illegal (and although there is something called a CCLI license where a church pays an annual fee to use copyrighted music and that fee is allocated to the composer based on the number of times the song is played, I'm still not sure we can play songs without buying any sheet music and maybe only one CD.) In some cases, I don't think sheet music is available. But there are all these grey areas...

[Joubert[$]]

I don't think used CDs are an issue. Heck, you can go on eBay and find thousands at any time.

The issue is burning the music in another format and then using it as some sort of barter currency. Tough call.

I love bootlegs and rarities too, but I never know what is kosher.