>
>Hi there... I am posting this to several digests that I am on, so you
>might have read this already... This doesn't have anything in
>particular to do with any band, but w/ tapes in general... I was
>wondering if anyone knew anything about the laws behind bootlegs... I
>have heard different things from different people... I have heard that
>it is legal to own and trade tapes, but not to sell them... I am not
>sure about buying them. Someone also told me that if anyone (police,
>or maybe even record companies) found out that you are selling them,
>they can confiscate your entire collection... Does anyone know
>anything about this, or the laws behind them... Also, if selling
>tapes (and CDs) are illegal, how do bootleg shops stay open, how do
>publications like GOLDMINE Magazine stay around, and how are there
>record fairs across the country where people sell material... Any
>help is greatly appreciated...
>
Well, there has been a big discussion about this sort of thing on
the alt.music.progressive newsgroup recently. I didn't save the posts, but
I think I can summarize the general replies. I'm not a legal expert though,
so I can't really vouch for the accuracy of what people said.
First, I'll mention what they said about copying official albums:
Basically, the consensus was that it is definitely illegal to make copies
of CDs (or tapes/vinyl/other media) and sell them without first getting
the permission of the copyright holder. It is also probably illegal to
make copies of CDs (tapes, etc) and trade them for things. It does seem
to be legal to make your own personal copy of a CD which you then do not
trade or sell (I think of this as being similar to making a 'backup' copy
of software).
But what about live recordings (bootlegs)? The question comes down
to: Who owns the copyright on the live music? The consensus seemed to be
that the musicians owned the copyright of the music, so it is not legal to
make copies of the live performance without their official consent. Of course,
then it would also be illegal to sell or trade such copies (without
permission) since the copyright is owned by the musicians. It was not clear,
however, whether it is only the person who actually made the copy who is
committing the crime, or if it is also anyone who thereafter sells or
trades a copy of that bootleg. As for buying bootlegs... I didn't see
a clear answer to that in the discussions.
The police seizing your collection was not really discussed, but
I imagine that if they go through the proper channels they could at least
seize the illegal recordings in your collection. Unfortunately, this
sometimes may result in the police seizing an entire collection and then
sifting through it for the illegal recordings (but that is an entirely
different issue).
Bootleg shops: I think you'll find that very few stores actually
exclusively sell bootlegs. For most, it is a side business. The reason
that they get away with it (from what people said in the other group) is
because the record companies don't think it is worth the effort to try to
stop them. You'll also find that GOLDMINE Magazine has recently began a
policy of not allowing advertisers to advertise bootlegs in their magazine.
Record fairs are probably similar to stores in that they don't generate
enough competition by selling bootlegs to warrant the record company's
attention.
Since this is not very Dream Theater related, please reply to me
via email. If there are sufficient responses I can post another summary.
Also, if there are lawyers out there who have researched this, I'd be
interested in hearing what you have to say. Please reply via email.
There is a whole other issue about the ethical questions of whether
buying bootlegs is "good" or not (regardless of the law). Many people argue
that only diehard fans buy bootlegs and that trading tapes (of official or
bootleg albums) actually increases interest in bands (and therefore sales).
Others say that if the band does not want their music recorded without their
permission then the fans should respect that. This is gone into in great
detail in alt.music.progressive, so I'd really prefer that we didn't
discuss it here. The ethical discussions tend to break down into flame
wars and I'd really rather just talk about Dream Theater. :-)
I hope that helps answer people's questions.
Now, back to Dream Theater! I was wondering what section of
Dream Theater's music caught people's attention most strongly when they first
heard DT (I hope this question doesn't degenerate to flames. I'm just
curious). I remember being awed at the entire I&W album when I first
heard it, but the middle section of Metropolis Part I (where they go into
that *amazing* instrumental) just riveted me to my headphones. Cool!
I still grin when I think about it... And what's really amazing is
that the entire album has held up in the light of that moment -- a truly
fantastic, strong album. :-)
Steve
--
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Steve /
\ Chew / / -- And you and I reach over the sun to
-- Wonderful, \\\' , / // the river.
wonderful, \\\//, _/ //, -- A smile costs nothing, but
most wonderful! \_-//' / //<, gives much.
\ /// <//` -- It's only the giving that makes
-- Convictions are / >> \\\`__/_ you what you are.
more dangerous /,)-^>> _\` \\\ -- Only through love changes come.
enemies of truth (/ \\ / \\\
than lies. // _//\\\ -- Better to have loved and have lost,
((` (( than never to have loved at all.
schew@tis.com
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