Bootleg recording
Encyclopedia
A bootleg recording is an audio or video
recording of a performance that was not officially released by the artist or under other legal authority. 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.
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. The copyright
s for the song and the right to authorize recordings often reside with the artist, according to several international copyright treaties. 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.
Some recordings' releases - while appearing to be official - may in fact be unofficial. Through crafty packaging and desktop publishing, even the layman can create official 'looking' CDs. In the 1990s, so-called "import" CDs were actual bootlegs made available in many legitimate music stores. Most of these imports were from Italy. The Italian bootleg operation was shut down in the late 1990s, but several companies still manufacture silver CDs. Japan still has many bootleg labels, such as Highland, Empress Valley, Beelzebub, Godfather, Tarantura, and Tdolz. These bootlegs are difficult for the layperson to find, but experienced collectors or the internet-savvy can find them easily.
Most artists consider any release for which they do not receive royalties
to be a bootleg. Some releases while they appear official, are in fact unlicenced pirated copies. 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).
Many bootlegs consist of private or professional studio recordings distributed without the artist's involvement, including demos
, works-in-progress or discarded material. 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 number of bootlegs originated with FM radio
broadcasts of live or previously recorded live performances.
However, the most common type is the live bootleg, or audience recording, which is created with sound recording equipment smuggled into a live concert
. 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 terms ROIO or RoIO, an acronym meaning "Recording of Indeterminate Origin", or "Recording of Independent Origin", and VOIO or VoIO, an acronym meaning "Video of Indeterminate Origin", or "Video of Independent Origin", arose among Pink Floyd
collectors trying to clarify the differences between counterfeits, illegally made copies, live bootlegs, and "ROIOs", meaning recordings whose legal status was difficult or even impossible to determine. 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..
. Vast numbers of recordings were issued for profit by bootleg labels such as Kornyfone
and Trade Mark of Quality. The large followings of bands such as Deep Purple
, Jimi Hendrix
, Eric Burdon
, Led Zeppelin
, Black Sabbath
, The Beatles
, 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. 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. 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 1974 Pink Floyd bootleg called Brain Damage was released under the name The Screaming Abdabs.
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. 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 meet
s, street market
s, record collector shows, and smaller record stores. Mail order
sources were advertised by word of mouth, and in many cases uniquely associated with individual bands. 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, Jimi Hendrix
, KISS
, and Queen
, among others.
Throughout the 1970s most bootleg records were of poor quality, with many of the album covers consisting of nothing more than cheap photocopies. 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 saw the increased use of audio cassettes and videotape
s for the dissemination of bootleg recordings, as the affordability of private dubbing equipment made the production of multiple copies significantly easier. 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.
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. 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.
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. Probably the most celebrated bootleg recording is The Black Album
by Prince
. 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.
format. 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. 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. 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.
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.
During this period, composer Jerry Goldsmith
became well known for physically smashing bootleg CDs presented to him to sign. A German
outfit called Tsunami Records was prolifically selling unauthorized recordings of Goldsmith's music for prices that generally exceeded standard retail for a single disc.
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. 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.
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 format
s such as MP3
and FLAC, 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
, Soulseek
and BitTorrent, made it simpler than ever for bootleg collectors to exchange rarities. 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. The quality and portability of recording devices and microphones also increased exponentially, resulting in recordings which were often on a par with official releases. 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, fans often now had the option of searching for and downloading bootlegs of individual songs.
. Counterfeits attempt to mimic the look of officially released product; illegally copied releases do not necessarily do so, possibly substituting cover art or creating new compilations of a group's released songs. A counterfeit is always an illegal copy but an illegal copy is not necessarily a counterfeit.
"Bootlegging" is sometimes also used to refer to the unlicensed file sharing
of copyright
ed music but the term illegal copying or "piracy" is usually used instead. In the same vein, "bootlegging" has become the default term amongst Japanese anime
fans to describe the piracy or counterfeiting of CDs
, DVD
s, computer and video games, arcade game
s, and other merchandise. These increasingly sophisticated imitation goods from Hong Kong
are much reviled by fans and the industry alike, and many anime fan convention
s have adopted a strict non-bootleg policy for vendors and attendees.
has protected the copyrights on literary, scientific, and artistic works since 1886. 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.
Under the Berne Convention, when a composer puts a new song in a "fixed form," for example sheet music or an audio recording, copyright law grants them the exclusive right to control who may perform that song (called performing rights
) as well as control over how any derivative work
is used, such as a recording of a performance of that song. These rights are retained for at least 50 years after the composer's death (typically longer). In some cases, if the song being performed is in the public domain
or is free content
and is performed faithfully, no copyright is violated by recording it; however such a recording may still violate performers rights, a type of neighboring right that is recognized in many nations. Where they exist, performers rights may have a shorter duration than full copyright; for example, the Rome Convention sets a minimum term of twenty years after the performance.
One example of an organization that promotes performers rights is the World Intellectual Property Organization
(WIPO), founded in 1967, a specialized agencies of the United Nations
that aims for the international protection of intellectual property
rights. Article 6 of the international WIPO Performances and Phonograms Treaty
of 1996 specifies: "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 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 [...] 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."
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.
In 2004 U.S. District Judge Harold Baer Jr. struck down respective part of the 1994 Uruguay Round Agreements Act
banning the sale of bootleg recordings of live music, ruling that the law unfairly grants a seemingly perpetual copyright period to the original performances. 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.
In 2007, Judge Baer's ruling was overruled, and the United States Court of Appeals for the Second Circuit
found that the anti-bootlegging statute was within the power of congress. 492 F. 3d 140
s and rarities collections.
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.
Grateful Dead
, Nine Inch Nails
, Phish
and Widespread Panic
are well known for explicitly allowing their shows to be taped.
feeds, or from on the fly
multitrack
mixes, and thus superior to surreptitious audience recordings which are typically marred by crowd noise. These releases were generally available a few days to a few weeks after the concert. Notable examples include Genesis, and Peter Gabriel, who has released such copies of live recordings for most of his concerts since 2003. KISS recorded their shows and sold the copies right after the concert was over during their 2008 world tour.
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.
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. When Clear Channel divested its live entertainment business into the spin off company Live Nation
in 2005, the patents were transferred as well. The patent was revoked by the USPTO in 2007 after challenges filed by the Electronic Frontier Foundation
.
released Busted Stuff in response to the Internet-fueled success of The Lillywhite Sessions
which they had not intended to release. Queen
are slowly releasing 100 bootlegs for sale as downloads at their Online Store, with profits going to the Mercury Phoenix Trust. Although he is opposed to illegitimate recording of his concerts Robert Fripp
's DGMlive.com offers many King Crimson
bootlegs for sale as downloads.
Video
Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...
recording of a performance that was not officially released by the artist or under other legal authority. 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.
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. The copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
s for the song and the right to authorize recordings often reside with the artist, according to several international copyright treaties. 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.
Definitions
The word "bootleg" originates from the practice of smuggling illicit items in the legs of tall boots, particularly the smuggling of alcohol during the American Prohibition era. The word, over time, has come to refer to any illegal or illicit product. This term has become an umbrella term for illicit, unofficial, or unlicenced recordings, including vinyl LPs, bootleg silver CDs, or any other commercially sold bootlegged media or material.Some recordings' releases - while appearing to be official - may in fact be unofficial. Through crafty packaging and desktop publishing, even the layman can create official 'looking' CDs. In the 1990s, so-called "import" CDs were actual bootlegs made available in many legitimate music stores. Most of these imports were from Italy. The Italian bootleg operation was shut down in the late 1990s, but several companies still manufacture silver CDs. Japan still has many bootleg labels, such as Highland, Empress Valley, Beelzebub, Godfather, Tarantura, and Tdolz. These bootlegs are difficult for the layperson to find, but experienced collectors or the internet-savvy can find them easily.
Most artists consider any release for which they do not receive royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
to be a bootleg. Some releases while they appear official, are in fact unlicenced pirated copies. This is often the case with artists whose recordings have either become public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
or whose original agreements did not include reissue
Reissue
A reissue is the repeated issue of a published work. In common usage, it refers to an album which has been released at least once before and is released again, sometimes with alterations or additions....
royalties (which was a common occurrence before the 1960s).
Many bootlegs consist of private or professional studio recordings distributed without the artist's involvement, including demos
Demo (music)
A demo version or demo of a song is one recorded for reference rather than for release. A demo is a way for a musician to approximate their ideas on tape or disc, and provide an example of those ideas to record labels, producers or other artists...
, works-in-progress or discarded material. 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
Recording studio
A recording studio is a facility for sound recording and mixing. Ideally both the recording and monitoring spaces are specially designed by an acoustician to achieve optimum acoustic properties...
or the offices of a record label
Record label
In the music industry, a record label is a brand and a trademark associated with the marketing of music recordings and music videos. Most commonly, a record label is the company that manages such brands and trademarks, coordinates the production, manufacture, distribution, marketing and promotion,...
. A number of bootlegs originated with FM radio
FM broadcasting
FM broadcasting is a broadcasting technology pioneered by Edwin Howard Armstrong which uses frequency modulation to provide high-fidelity sound over broadcast radio. The term "FM band" describes the "frequency band in which FM is used for broadcasting"...
broadcasts of live or previously recorded live performances.
However, the most common type is the live bootleg, or audience recording, which is created with sound recording equipment smuggled into a live concert
Concert
A concert is a live performance before an audience. The performance may be by a single musician, sometimes then called a recital, or by a musical ensemble, such as an orchestra, a choir, or a musical band...
. 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 terms ROIO or RoIO, an acronym meaning "Recording of Indeterminate Origin", or "Recording of Independent Origin", and VOIO or VoIO, an acronym meaning "Video of Indeterminate Origin", or "Video of Independent Origin", arose among Pink Floyd
Pink Floyd
Pink Floyd were an English rock band that achieved worldwide success with their progressive and psychedelic rock music. Their work is marked by the use of philosophical lyrics, sonic experimentation, innovative album art, and elaborate live shows. Pink Floyd are one of the most commercially...
collectors trying to clarify the differences between counterfeits, illegally made copies, live bootlegs, and "ROIOs", meaning recordings whose legal status was difficult or even impossible to determine. 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..
1970s and 1980s
During the 1970s the bootleg industry in the United States expanded rapidly, coinciding with the era of stadium rock or arena rockArena rock
Arena rock is a term used to describe rock music that utilised large arena venues, particularly sports venues, for concerts or series of concerts linked in tours...
. Vast numbers of recordings were issued for profit by bootleg labels such as Kornyfone
Kornyfone
The Amazing Kornyfone Record Label was one of the first bootlegging record labels in America. Kornyfone was based in Southern California in the 1970s....
and Trade Mark of Quality. The large followings of bands such as Deep Purple
Deep Purple
Deep Purple are an English rock band formed in Hertford in 1968. Along with Led Zeppelin and Black Sabbath, they are considered to be among the pioneers of heavy metal and modern hard rock, although some band members believe that their music cannot be categorised as belonging to any one genre...
, Jimi Hendrix
Jimi Hendrix
James Marshall "Jimi" Hendrix was an American guitarist and singer-songwriter...
, Eric Burdon
Eric Burdon
Eric Victor Burdon is an English singer-songwriter best known as a founding member and vocalist of rock band The Animals, and the funk rock band War and for his aggressive stage performance...
, Led Zeppelin
Led Zeppelin
Led Zeppelin were an English rock band, active in the late 1960s and throughout the 1970s. Formed in 1968, they consisted of guitarist Jimmy Page, singer Robert Plant, bassist/keyboardist John Paul Jones, and drummer John Bonham...
, Black Sabbath
Black Sabbath
Black Sabbath are an English heavy metal band, formed in Aston, Birmingham in 1969 by Ozzy Osbourne , Tony Iommi , Geezer Butler , and Bill Ward . The band has since experienced multiple line-up changes, with Tony Iommi the only constant presence in the band through the years. A total of 22...
, The Beatles
The Beatles
The Beatles were an English rock band, active throughout the 1960s and one of the most commercially successful and critically acclaimed acts in the history of popular music. Formed in Liverpool, by 1962 the group consisted of John Lennon , Paul McCartney , George Harrison and Ringo Starr...
, The Rolling Stones
The Rolling Stones
The Rolling Stones are an English rock band, formed in London in April 1962 by Brian Jones , Ian Stewart , Mick Jagger , and Keith Richards . Bassist Bill Wyman and drummer Charlie Watts completed the early line-up...
and Pink Floyd
Pink Floyd
Pink Floyd were an English rock band that achieved worldwide success with their progressive and psychedelic rock music. Their work is marked by the use of philosophical lyrics, sonic experimentation, innovative album art, and elaborate live shows. Pink Floyd are one of the most commercially...
created a lucrative market for the mass production of unofficial recordings on vinyl
Gramophone record
A gramophone record, commonly known as a phonograph record , vinyl record , or colloquially, a record, is an analog sound storage medium consisting of a flat disc with an inscribed, modulated spiral groove...
, as it became evident that more and more fans were willing to purchase them. 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
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
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. 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 1974 Pink Floyd bootleg called Brain Damage was released under the name The Screaming Abdabs.
Bootleg collectors in this era generally relied on Hot Wacks
Hot Wacks
Hot Wacks is a Canadian underground magazine that has been in circulation for over 25 years, featuring reviews of bootleg music releases. Reviews include information such as source, quality, track listing and packaging. It is commonly referred to as the 'Bootleg Bible' by bootleg collectors.It is...
, an annual underground magazine catalog of known bootlegs, for information about recently released bootleg albums. 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 meet
Swap meet
Swap meet can mean:*Swap meet, a type of flea market*Swap Meet , a song by Nirvana*Swap Meet, a pricing game on the Price is Right game show*Swap Meet , an episode of the television program CSI...
s, street market
Flea market
A flea market or swap meet is a type of bazaar where inexpensive or secondhand goods are sold or bartered. It may be indoors, such as in a warehouse or school gymnasium; or it may be outdoors, such as in a field or under a tent...
s, record collector shows, and smaller record stores. Mail order
Mail order
Mail order is a term which describes the buying of goods or services by mail delivery. The buyer places an order for the desired products with the merchant through some remote method such as through a telephone call or web site. Then, the products are delivered to the customer...
sources were advertised by word of mouth, and in many cases uniquely associated with individual bands. There were major markets in Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
for Led Zeppelin bootleg recordings
Led Zeppelin bootleg recordings
The Led Zeppelin bootleg recordings are a collection of audio and video recordings of musical performances by English rock band Led Zeppelin which were never officially released by the band, or under other legal authority. The recordings consist of both live concert performances and outtakes from...
, Beatles bootlegs
The Beatles bootlegs
The Beatles' bootleg recordings are performances by The Beatles that have attained some level of public circulation without being available as a legal release. The term most often refers to audio recordings, but also includes video performances...
, and rarities from The Rolling Stones, Deep Purple, Pink Floyd, Jimi Hendrix
Jimi Hendrix
James Marshall "Jimi" Hendrix was an American guitarist and singer-songwriter...
, KISS
KISS (band)
Kiss is an American rock band formed in New York City in January 1973. Well-known for its members' face paint and flamboyant stage outfits, the group rose to prominence in the mid to late 1970s on the basis of their elaborate live performances, which featured fire breathing, blood spitting,...
, and Queen
Queen (band)
Queen are a British rock band formed in London in 1971, originally consisting of Freddie Mercury , Brian May , John Deacon , and Roger Taylor...
, among others.
Throughout the 1970s most bootleg records were of poor quality, with many of the album covers consisting of nothing more than cheap photocopies. However, later in the decade a number of unofficial "labels" such as Swinging Pig emerged in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, 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 saw the increased use of audio cassettes and videotape
Videotape
A videotape is a recording of images and sounds on to magnetic tape as opposed to film stock or random access digital media. Videotapes are also used for storing scientific or medical data, such as the data produced by an electrocardiogram...
s for the dissemination of bootleg recordings, as the affordability of private dubbing equipment made the production of multiple copies significantly easier. Cassettes were also smaller, easier to ship, and could be sold or traded more affordably than vinyl. Cassette culture
Cassette culture
Cassette culture, or the cassette underground , refers to the practices surrounding amateur production and distribution of recorded music that emerged in the late 1970s via home-made audio cassettes...
and tape trading
Tape trading
Tape trading is an unofficial method of distribution of demo tapes encompassing musical genres such as punk, hardcore, and extreme metal. The practice which was most prevalent during the 1980s and 1990s, also saw people distribute recordings of live music shows...
, propelled by the DIY ethic
DIY ethic
The DIY ethic refers to the ethic of self-sufficiency through completing tasks oneself as opposed to having others who are more experienced or able complete them for one's behalf. It promotes the idea that an ordinary person can learn to do more than he or she thought was possible...
of the punk subculture
Punk subculture
The punk subculture includes a diverse array of ideologies, and forms of expression, including fashion, visual art, dance, literature, and film, which grew out of punk rock.-History:...
, relied on an honor system
Honor system
An honor system or honesty system is a philosophical way of running a variety of endeavors based on trust, honor, and honesty. Something that operates under the rule of the "honor system" is usually something that does not have strictly enforced rules governing its principles...
where people who received tapes from fellow traders made multiple copies to pass on to others within the community.
For a while, stalls at major music gatherings such as the Glastonbury Festival
Glastonbury Festival
The Glastonbury Festival of Contemporary Performing Arts, commonly abbreviated to Glastonbury or even Glasto, is a performing arts festival that takes place near Pilton, Somerset, England, best known for its contemporary music, but also for dance, comedy, theatre, circus, cabaret and other arts.The...
sold mass copies of bootleg soundboard recordings of bands who, in many cases, had played only a matter of hours beforehand. 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.
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. Probably the most celebrated bootleg recording is The Black Album
The Black Album (Prince)
The Black Album is the sixteenth studio album by Prince that was originally planned for release on December 7, 1987, as the follow-up to Sign o' the Times. Instead, it was released on November 22, 1994...
by Prince
Prince (musician)
Prince Rogers Nelson , often known simply as Prince, is an American singer, songwriter, musician, and actor. Prince has produced ten platinum albums and thirty Top 40 singles during his career. Prince founded his own recording studio and label; writing, self-producing and playing most, or all, of...
. 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 discCompact Disc
The Compact Disc is an optical disc used to store digital data. It was originally developed to store and playback sound recordings exclusively, but later expanded to encompass data storage , write-once audio and data storage , rewritable media , Video Compact Discs , Super Video Compact Discs ,...
format. 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
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
exploited the more relaxed copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
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. Similarly, relaxed copyright laws in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
meant that the most serious legal challenge to unauthorized releases were made on the grounds of trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
law by Sony Music Entertainment
Sony Music Entertainment
Sony Music Entertainment ' is the second-largest global recorded music company of the "big four" record companies and is controlled by Sony Corporation of America, the United States subsidiary of Japan's Sony Corporation....
in 1993. Court findings were in favor of allowing the release of unauthorized recordings clearly marked as "unauthorised". However, the updated GATT 1994
General Agreement on Tariffs and Trade
The General Agreement on Tariffs and Trade was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization . GATT was signed in 1947 and lasted until 1993, when it was replaced by the World...
soon closed this so-called "protection gap" in all three aforementioned countries effective January 1, 1995.
Filling in the vacuum, with the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
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.
During this period, composer Jerry Goldsmith
Jerry Goldsmith
Jerrald King Goldsmith was an American composer and conductor most known for his work in film and television scoring....
became well known for physically smashing bootleg CDs presented to him to sign. A German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
outfit called Tsunami Records was prolifically selling unauthorized recordings of Goldsmith's music for prices that generally exceeded standard retail for a single disc.
The tightening of laws and increased enforcement by police on behalf of the British Phonographic Industry
British Phonographic Industry
The British Phonographic Industry is the British record industry's trade association.-Structure:Its membership comprises hundreds of music companies including all four "major" record companies , associate members such as manufacturers and distributors, and hundreds of independent music companies...
(BPI), Recording Industry Association of America
Recording Industry Association of America
The Recording Industry Association of America is a trade organization that represents the recording industry distributors in the United States...
(RIAA) and other industry groups—often for peripheral issues such as tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
—gradually drove the distributors of for-profit vinyl and CD bootlegs further underground. Physical bootlegging largely shifted to less regulated countries such as Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
and Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, with the results distributed through existing underground channels, open market sites such as eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
, and other specialized websites.
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 format
Audio file format
An audio file format is a file format for storing digital audio data on a computer system. This data can be stored uncompressed, or compressed to reduce the file size. It can be a raw bitstream, but it is usually a container format or an audio data format with defined storage layer.-Types of...
s such as MP3
MP3
MPEG-1 or MPEG-2 Audio Layer III, more commonly referred to as MP3, is a patented digital audio encoding format using a form of lossy data compression...
and FLAC, combined with the ability to share files between computers via e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
, FTP
File Transfer Protocol
File Transfer Protocol is a standard network protocol used to transfer files from one host to another host over a TCP-based network, such as the Internet. FTP is built on a client-server architecture and utilizes separate control and data connections between the client and server...
, instant messaging
Instant messaging
Instant Messaging is a form of real-time direct text-based chatting communication in push mode between two or more people using personal computers or other devices, along with shared clients. The user's text is conveyed over a network, such as the Internet...
, and specialized peer-to-peer
Peer-to-peer
Peer-to-peer computing or networking is a distributed application architecture that partitions tasks or workloads among peers. Peers are equally privileged, equipotent participants in the application...
file sharing
File sharing
File sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
networks such as Napster
Napster
Napster is an online music store and a Best Buy company. It was originally founded as a pioneering peer-to-peer file sharing Internet service that emphasized sharing audio files that were typically digitally encoded music as MP3 format files...
(now defunct as p2p
Peer-to-peer file sharing
P2P or Peer-to-peer file sharing allows users to download files such as music, movies, and games using a P2P software client that searches for other connected computers. The "peers" are computer systems connected to each other through internet. Thus, the only requirements for a computer to join...
), Limewire
LimeWire
LimeWire is a free peer-to-peer file sharing client program that runs on Windows, Mac OS X, Linux, and other operating systems supported by the Java software platform. LimeWire uses the gnutella network as well as the BitTorrent protocol. A free software version and a purchasable "enhanced"...
, Soulseek
Soulseek
Soulseek is a peer-to-peer file-sharing network and application. The term Soulseek might refer to one of the two networks, or one of the three official user client interfaces. Soulseek is used mostly to exchange music, although users are able to share a variety of files...
and BitTorrent, made it simpler than ever for bootleg collectors to exchange rarities. Older analog recordings were converted to digital format for the first time, tracks from bootleg CDs were ripped
Ripping
Ripping is the process of copying audio or video content to a hard disk, typically from removable media. The word is used to refer to all forms of media. Despite the name, neither the media nor the data is damaged after extraction....
to computer hard disks, and new material was created with digital recording
Digital recording
In digital recording, digital audio and digital video is directly recorded to a storage device as a stream of discrete numbers, representing the changes in air pressure for audio and chroma and luminance values for video through time, thus making an abstract template for the original sound or...
of various types, and all of these types could now be easily shared. The quality and portability of recording devices and microphones also increased exponentially, resulting in recordings which were often on a par with official releases. 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, fans often now had the option of searching for and downloading bootlegs of individual songs.
Bootlegging vs. piracy vs. counterfeiting
An illegally copied release is distinguished from a counterfeitCounterfeit
To counterfeit means to illegally imitate something. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product...
. Counterfeits attempt to mimic the look of officially released product; illegally copied releases do not necessarily do so, possibly substituting cover art or creating new compilations of a group's released songs. A counterfeit is always an illegal copy but an illegal copy is not necessarily a counterfeit.
"Bootlegging" is sometimes also used to refer to the unlicensed file sharing
File sharing
File sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
ed music but the term illegal copying or "piracy" is usually used instead. In the same vein, "bootlegging" has become the default term amongst Japanese anime
Anime
is the Japanese abbreviated pronunciation of "animation". The definition sometimes changes depending on the context. In English-speaking countries, the term most commonly refers to Japanese animated cartoons....
fans to describe the piracy or counterfeiting of CDs
Compact Disc
The Compact Disc is an optical disc used to store digital data. It was originally developed to store and playback sound recordings exclusively, but later expanded to encompass data storage , write-once audio and data storage , rewritable media , Video Compact Discs , Super Video Compact Discs ,...
, DVD
DVD
A DVD is an optical disc storage media format, invented and developed by Philips, Sony, Toshiba, and Panasonic in 1995. DVDs offer higher storage capacity than Compact Discs while having the same dimensions....
s, computer and video games, arcade game
Arcade game
An arcade game is a coin-operated entertainment machine, usually installed in public businesses such as restaurants, bars, and amusement arcades. Most arcade games are video games, pinball machines, electro-mechanical games, redemption games, and merchandisers...
s, and other merchandise. These increasingly sophisticated imitation goods from Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
are much reviled by fans and the industry alike, and many anime fan convention
Fan convention
A fan convention, or con , is an event in which fans of a particular film, television series, comic book, actor, or an entire genre of entertainment such as science fiction or anime and manga, gather to participate and hold programs and other events, and to meet experts, famous personalities, and...
s have adopted a strict non-bootleg policy for vendors and attendees.
Laws and court rulings
The Berne Convention for the Protection of Literary and Artistic WorksBerne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
has protected the copyrights on literary, scientific, and artistic works since 1886. 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.
Under the Berne Convention, when a composer puts a new song in a "fixed form," for example sheet music or an audio recording, copyright law grants them the exclusive right to control who may perform that song (called performing rights
Performing rights
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher . Public performance means that a musician or group who is not the copyright holder is performing a piece of music live, as opposed to the...
) as well as control over how any derivative work
Derivative work
In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work .-Definition:...
is used, such as a recording of a performance of that song. These rights are retained for at least 50 years after the composer's death (typically longer). In some cases, if the song being performed is in the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
or is free content
Free content
Free content, or free information, is any kind of functional work, artwork, or other creative content that meets the definition of a free cultural work...
and is performed faithfully, no copyright is violated by recording it; however such a recording may still violate performers rights, a type of neighboring right that is recognized in many nations. Where they exist, performers rights may have a shorter duration than full copyright; for example, the Rome Convention sets a minimum term of twenty years after the performance.
One example of an organization that promotes performers rights is the World Intellectual Property Organization
World Intellectual Property Organization
The World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....
(WIPO), founded in 1967, a specialized agencies of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
that aims for the international protection of intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
rights. Article 6 of the international WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The WIPO Performances and Phonograms Treaty is an international treaty signed by the member states of the World Intellectual Property Organization was adopted in Geneva on December 20, 1996...
of 1996 specifies: "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 Copyright and Performances and Phonograms Treaties Implementation Act
WIPO Copyright and Performances and Phonograms Treaties Implementation Act
The WIPO Copyright and Performances and Phonograms Treaties Implementation Act, is a part of the Digital Millennium Copyright Act , a 1998 U.S. law...
in the United States says "(a), unless authorized by the owners of copyright in the sound recording or [...] 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."
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.
In 2004 U.S. District Judge Harold Baer Jr. struck down respective part of the 1994 Uruguay Round Agreements Act
Uruguay Round Agreements Act
The Uruguay Round Agreements Act was an Act of Congress in the United States that implemented in U.S. law the provisions agreed upon at the Uruguay Round of negotiations of the General Agreement on Tariffs and Trade .- Legislative history :U.S...
banning the sale of bootleg recordings of live music, ruling that the law unfairly grants a seemingly perpetual copyright period to the original performances. 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.
In 2007, Judge Baer's ruling was overruled, and the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts 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 albumLive album
A live album is a recording consisting of material recorded during stage performances using remote recording techniques, commonly contrasted with a studio album...
s and rarities collections.
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.
Grateful Dead
Grateful Dead
The Grateful Dead was an American rock band formed in 1965 in the San Francisco Bay Area. The band was known for its unique and eclectic style, which fused elements of rock, folk, bluegrass, blues, reggae, country, improvisational jazz, psychedelia, and space rock, and for live performances of long...
, Nine Inch Nails
Nine Inch Nails
Nine Inch Nails is an American industrial rock project, founded in 1988 by Trent Reznor in Cleveland, Ohio. As its main producer, singer, songwriter, and instrumentalist, Reznor is the only official member of Nine Inch Nails and remains solely responsible for its direction...
, Phish
Phish
Phish is an American rock band noted for its musical improvisation, extended jams, and exploration of music across genres. Formed at the University of Vermont in 1983 , the band's four members – Trey Anastasio , Mike Gordon , Jon Fishman , and Page McConnell Phish is an American rock band...
and Widespread Panic
Widespread Panic
Widespread Panic is an American rock band from Athens, Georgia. The current lineup includes guitarist/singer John Bell, bassist Dave Schools, drummer Todd Nance, percussionist Domingo "Sunny" Ortiz, keyboardist John "JoJo" Hermann, and guitarist Jimmy Herring...
are well known for explicitly allowing their shows to be taped.
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 soundboardMixing console
In professional audio, a mixing console, or audio mixer, also called a sound board, mixing desk, or mixer is an electronic device for combining , routing, and changing the level, timbre and/or dynamics of audio signals. A mixer can mix analog or digital signals, depending on the type of mixer...
feeds, or from on the fly
On the fly
-Colloquial usage:In colloquial use, on the fly means something created when needed. The phrase is used to mean:# something that was not planned ahead# changes that are made during the execution of same activity: ex tempore, impromptu.-Automotive usage:...
multitrack
Multitrack recording
Multitrack recording is a method of sound recording that allows for the separate recording of multiple sound sources to create a cohesive whole...
mixes, and thus superior to surreptitious audience recordings which are typically marred by crowd noise. These releases were generally available a few days to a few weeks after the concert. Notable examples include Genesis, and Peter Gabriel, who has released such copies of live recordings for most of his concerts since 2003. KISS recorded their shows and sold the copies right after the concert was over during their 2008 world tour.
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.
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
Clear Channel Communications
Clear Channel Communications, Inc. is an American media conglomerate company headquartered in San Antonio, Texas. It was founded in 1972 by Lowry Mays and Red McCombs, and was taken private by Bain Capital LLC and Thomas H. Lee Partners LP in a leveraged buyout in 2008...
, which sued smaller competitors for patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
to force them out of the business. When Clear Channel divested its live entertainment business into the spin off company Live Nation
Live Nation
Live Nation is a live-events company based in Beverly Hills, California, focused on concert promotions. Live Nation formed in 2005 as a spin-off from Clear Channel Communications, which then merged with Ticketmaster in 2010 to become Live Nation Entertainment....
in 2005, the patents were transferred as well. The patent was revoked by the USPTO in 2007 after challenges filed by the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
.
Commercially released bootlegs
Many recordings first distributed as bootleg albums were later released officially by the copyright holder; for instance, the release of Bob Dylan's 1966 Royal Albert Hall concert on Vol. 4 of his Bootleg Series in 1998 effectively killed the demand for bootlegs of the concert. In 2002, Dave Matthews BandDave Matthews Band
Dave Matthews Band, sometimes shortened to DMB, is a U.S. rock band formed in Charlottesville, Virginia in 1991. The founding members were singer-songwriter and guitarist Dave Matthews, bassist Stefan Lessard, drummer/backing vocalist Carter Beauford and saxophonist LeRoi Moore. Boyd Tinsley was...
released Busted Stuff in response to the Internet-fueled success of The Lillywhite Sessions
The Lillywhite Sessions
The Lillywhite Sessions is a collection of songs recorded by Dave Matthews Band in 1999 and 2000 and produced by Steve Lillywhite. The songs, recorded by the band as a follow-up to their 1998 album Before These Crowded Streets, were ultimately scrapped by the band...
which they had not intended to release. Queen
Queen (band)
Queen are a British rock band formed in London in 1971, originally consisting of Freddie Mercury , Brian May , John Deacon , and Roger Taylor...
are slowly releasing 100 bootlegs for sale as downloads at their Online Store, with profits going to the Mercury Phoenix Trust. Although he is opposed to illegitimate recording of his concerts Robert Fripp
Robert Fripp
Robert Fripp is an English guitarist, composer and record producer. He was ranked 42nd on Rolling Stone magazine's 2003 list of the "100 Greatest Guitarists of All Time" and #47 on Gibson.com’s "Top 50 Guitarists of All Time". Among rock guitarists, Fripp is a master of crosspicking, a technique...
's DGMlive.com offers many King Crimson
King Crimson
King Crimson are a rock band founded in London, England in 1969. Often categorised as a foundational progressive rock group, the band have incorporated diverse influences and instrumentation during their history...
bootlegs for sale as downloads.
| Artist | Release(s) | Notes |
|---|---|---|
| The Beatles The Beatles The Beatles were an English rock band, active throughout the 1960s and one of the most commercially successful and critically acclaimed acts in the history of popular music. Formed in Liverpool, by 1962 the group consisted of John Lennon , Paul McCartney , George Harrison and Ringo Starr... |
|
The Beatles at the Hollywood Bowl only exists in vinyl or needle-drop copies; Live at the BBC compiles recordings made for several BBC BBC The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff... radio programs from 1963–65; the Anthology series compiles recordings from 1960–70, with studio outtakes, home rehearsals, and live performances. |
| Black Sabbath Black Sabbath Black Sabbath are an English heavy metal band, formed in Aston, Birmingham in 1969 by Ozzy Osbourne , Tony Iommi , Geezer Butler , and Bill Ward . The band has since experienced multiple line-up changes, with Tony Iommi the only constant presence in the band through the years. A total of 22... |
Past Lives (album) Past Lives is a live album released in 2002 by Black Sabbath. It peaked at number 114 on the Billboard 200. The first disc was previously known as Live at Last, an album not put out by Black Sabbath's record company, and therefore not an official Black Sabbath album... (2002) |
The double-CD release Past Lives contains tracks from the previously unsanctioned release Live at Last Live at Last (Black Sabbath album) Live at Last is a live album by Black Sabbath. Despite its wide distribution, it was released without any permission or knowledge from the band, and is thus considered "unofficial" in some quarters. However, the release was legal within Europe and ads were carried in the UK music press. In the US... , plus selected tracks from the unreleased (but widely circulated) bootlegs most commonly known as Paris 1970 and Live in '75. |
| Deep Purple Deep Purple Deep Purple are an English rock band formed in Hertford in 1968. Along with Led Zeppelin and Black Sabbath, they are considered to be among the pioneers of heavy metal and modern hard rock, although some band members believe that their music cannot be categorised as belonging to any one genre... |
|
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. |
| The Doors The Doors The Doors were an American rock band formed in 1965 in Los Angeles, California, with vocalist Jim Morrison, keyboardist Ray Manzarek, drummer John Densmore, and guitarist Robby Krieger... |
Boot Yer Butt: The Doors Bootlegs Boot Yer Butt!: The Doors Bootlegs is a four-disc box set released by Rhino/Elektra Records for the band The Doors, featuring songs that were recorded as bootlegs during concerts of The Doors ranging from the years 1967 to 1970.... (1993) |
The Doors 4 Disc Box Set contains many tracks from bootlegged concerts which were selling worldwide over the years. Only 5,000 units were sold. It has become one of the biggest collectors items in the entire Doors catalogue. |
| Bob Dylan Bob Dylan Bob Dylan is an American singer-songwriter, musician, poet, film director and painter. He has been a major and profoundly influential figure in popular music and culture for five decades. Much of his most celebrated work dates from the 1960s when he was an informal chronicler and a seemingly... |
The Bootleg Series Volumes 1-3 (Rare & Unreleased) 1961-1991 The Bootleg Series Volumes 1–3 is a compilation box set by Bob Dylan, issued on Columbia Records, catalogue C3K 86572. It is the first installment in the Dylan bootleg series, comprising material spanning the first three decades of his career, from 1961 to 1989... (1991) The Bootleg Series Vol. 5: Bob Dylan Live 1975, The Rolling Thunder Revue 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. It documents the Rolling Thunder Revue, led by Bob Dylan prior to the release of the album Desire... (2002) The Bootleg Series Vol. 6: Bob Dylan Live 1964, Concert at Philharmonic Hall 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" show at New York's Philharmonic Hall. It was released in 2004.... (2004) The Bootleg Series Vol. 7: No Direction Home: The Soundtrack The Bootleg Series Vol. 7: No Direction Home: The Soundtrack is the third most recent installment in the Bob Dylan "Bootleg Series" of rare and/or officially unissued recordings.... (2005) The Bootleg Series Vol. 8: Tell Tale Signs The Bootleg Series Vol. 8 – Tell Tale Signs: Rare and Unreleased 1989–2006 is a compilation album by singer-songwriter Bob Dylan in his official "bootleg series" of rare and unissued recordings. It was originally released as a double, and triple album. It was later released as a single album,... (2008) |
Nine official volumes. |
| Emerson, Lake & Palmer Emerson, Lake & Palmer Emerson, Lake & Palmer, also known as ELP, are an English progressive rock supergroup. They found success in the 1970s and sold over forty million albums and headlined large stadium concerts. The band consists of Keith Emerson , Greg Lake and Carl Palmer... |
|
Multi-box set "official" release of commercial ELP bootlegs on Castle Records, containing live recordings from 1970-1993. Includes audience and soundboard recordings. Quality varies, but mostly listenable. |
| Rory Gallagher Rory Gallagher William Rory Gallagher, ; 2 March 1948 – 14 June 1995, was an Irish blues-rock multi-instrumentalist, songwriter, and bandleader. Born in Ballyshannon, County Donegal, Ireland, and raised in Cork, Gallagher recorded solo albums throughout the 1970s and 1980s, after forming the band Taste... |
The G-Man Bootleg Series Vol.1 G-Men Bootleg Series Vol.1 was Rory Gallagher's last official release before his untimely death in 1995.-Album profile:This album was Gallagher's attempt to bootleg the bootleggers; released in 1992 it was a no-frills exercise with little production work. The three discs were recorded throughout... (1992) |
|
| Iron Maiden Iron Maiden Iron Maiden are an English heavy metal band from Leyton in east London, formed in 1975 by bassist and primary songwriter Steve Harris. Since their inception, the band's discography has grown to include a total of thirty-six albums: fifteen studio albums; eleven live albums; four EPs; and six... |
|
A Real Live Dead One is the most similar "real" album for that. |
| Elton John Elton John Sir Elton Hercules John, CBE, Hon DMus is an English rock singer-songwriter, composer, pianist and occasional actor... |
|
Radio concert album released in response to bootleg sales. |
| R. Kelly R. Kelly Robert Sylvester Kelly , better known by his stage name R. Kelly, is an American singer-songwriter and record producer. A native of Chicago, Kelly began performing during the late 1980s and debuted in 1992 with the group Public Announcement. In 1993, Kelly went solo with the album 12 Play... |
|
Kelly scrapped the original album due to bootlegging, recorded several new tracks and released the album as Chocolate Factory Chocolate Factory Chocolate Factory is the fifth studio album by American R&B and soul musician R. Kelly, released February 18, 2003 on Jive Records. Recording sessions for the album took place mainly at Rockland Studios and Chicago Recording Company in Chicago, Illinois during 2001 to 2003. It was primarily... . |
| Led Zeppelin Led Zeppelin Led Zeppelin were an English rock band, active in the late 1960s and throughout the 1970s. Formed in 1968, they consisted of guitarist Jimmy Page, singer Robert Plant, bassist/keyboardist John Paul Jones, and drummer John Bonham... |
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Material from three different 1969 sessions and a 1971 concert from the Paris Theatre Paris Theatre The Paris Theatre was a former cinema located in Lower Regent Street, London, which was converted into a theatre by the BBC for radio broadcasts... in London London London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its... , recorded by the BBC BBC The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff... . Countless bootlegs of these recordings circulated for years before the official release. |
| Morly Grey Morly Grey Morly Grey is an American progressive rock band that formed in the late 1960s. The group recorded their first album, The Only Truth, which was recorded and released in 1972... |
The Only Truth (Morly Grey Album) The Only Truth is American progressive rock band Morly Grey's debut album released in 1972 on Starshine Records. Over the past 35 years it has been bootlegged and reissued several times. Akarma Records in Italy bootlegged this album and CD in 2002. More recently in 2005 Morly Grey's own Speed Label... (2002) |
Illegal release on Akarma in 2002 of the Starshine Records album. |
| Morphine Morphine (band) Morphine was an American alternative rock group formed by Mark Sandman and Dana Colley in Cambridge, Massachusetts, in 1989. They disbanded in 1999 after frontman Sandman died of a heart attack.... |
Bootleg Detroit Bootleg Detroit is the only authorized release of a live recording of Morphine. It was released on the label Rykodisc in 2000. Recorded by Alan J. Schmit—a fan—on March 7, 1994 at St. Andrew’s Hall in Detroit, Michigan, it was edited and mixed under Mark Sandman’s supervision... (2000) |
The only authorized release of a live recording of Morphine. Recorded by a fan, then edited and mixed under Mark Sandman’s supervision. |
| Nirvana Nirvana (band) Nirvana was an American rock band that was formed by singer/guitarist Kurt Cobain and bassist Krist Novoselic in Aberdeen, Washington in 1987... |
Incesticide -Personnel:All sessions:*Kurt Cobain – vocals, guitar*Krist Novoselic – bass guitarSeattle, WA: Reciprocal Recording Studios Nirvana's first studio demo tape... (1992) With the Lights Out With the Lights Out is a box set, containing three CDs and one DVD, of previously rare or unreleased material, including b-sides, demos, rough rehearsal recordings and live recordings, from the American rock band Nirvana. It was released in November 2004... (2004) |
Much of the "previously-unreleased" material on these collections had already been circulated among fans (albeit in lower quality). |
| Pink Floyd Pink Floyd Pink Floyd were an English rock band that achieved worldwide success with their progressive and psychedelic rock music. Their work is marked by the use of philosophical lyrics, sonic experimentation, innovative album art, and elaborate live shows. Pink Floyd are one of the most commercially... |
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Special features include Bootlegging the Bootleggers, assembled from video provided by Pink Floyd Pink Floyd Pink Floyd were an English rock band that achieved worldwide success with their progressive and psychedelic rock music. Their work is marked by the use of philosophical lyrics, sonic experimentation, innovative album art, and elaborate live shows. Pink Floyd are one of the most commercially... historian Vernon Fitch, combined with official soundboard recordings, and edited together. The bootleg of The Dark Side of the Moon The Dark Side of the Moon The Dark Side of the Moon is the eighth studio album by English progressive rock band Pink Floyd, released in March 1973. It built on ideas explored in the band's earlier recordings and live shows, but lacks the extended instrumental excursions that characterised their work following the departure... was issued a mere six weeks after the concert, about a full year prior to an official release. Professionally packaged, the unit reportedly sold in excess of 100,000 copies, many thinking it was the real thing. |
| Mike Portnoy Mike Portnoy Michael Stephen "Mike" Portnoy is an American drummer primarily known as the former drummer, backing vocalist, and a co-founder of the progressive metal band Dream Theater, as well as the temporary drummer for the hard rock band Avenged Sevenfold. Known for his drumming prowess and technical... |
Dream Theater Dream Theater is an American progressive metal band formed in 1985 under the name Majesty by John Petrucci, John Myung, and Mike Portnoy while they attended Berklee College of Music in Massachusetts. They subsequently dropped out of their studies to further concentrate on the band that would... 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. |
| Elvis Presley Elvis Presley Elvis Aaron Presley was one of the most popular American singers of the 20th century. A cultural icon, he is widely known by the single name Elvis. He is often referred to as the "King of Rock and Roll" or simply "the King".... |
Million Dollar Quartet "Million Dollar Quartet" is the name given to recordings made on Tuesday December 4, 1956 in the Sun Record Studios in Memphis, Tennessee. The recordings were of an impromptu jam session among Elvis Presley, Jerry Lee Lewis, Carl Perkins, and Johnny Cash. It was arguably the first... (1981-1990/2006) |
The Million Dollar Quartet session took place on December 4, 1956 at Sun Studios in Memphis, Tennessee. The session was performed by Elvis Presley, Johnny Cash, Jerry Lee Lewis and Carl Perkins. This was first released on bootleg in 1981 with only 17 tracks. It was released more times over the years until 1990 when RCA released 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 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 exactly the same source tape was used for the FTD/RCA release of New Year's Eve. The Funny Side of Elvis and The King Goes Bananas are audience recordings from September 3, 1973 Closing Show in Vegas that was released 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 released 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 released as a soundboard in 1993 under the name Welcome to San Antonio under the Vicky label but RCA released 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 released sometime in the 90s as an audience recording but in 2003 the soundboard of the show was released under the FTD/RCA label as Takin' Tahoe Night. FTD released Southern Nights with many songs from various bootlegs that came from April, May and June 1975. The songs are from Atlanta, Macon, Memphis, Houston, Lake Charles, Huntsville and Mobile. FTD released 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. |
| Prince Prince (musician) Prince Rogers Nelson , often known simply as Prince, is an American singer, songwriter, musician, and actor. Prince has produced ten platinum albums and thirty Top 40 singles during his career. Prince founded his own recording studio and label; writing, self-producing and playing most, or all, of... |
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Studio album initially shelved in 1987 and widely bootlegged since.
Other previously bootlegged material appeared on several official released albums. Most notably Crystal Ball Crystal Ball (album set) Crystal Ball is the twentieth studio album by Prince . Crystal Ball is a four-disc set containing a three CD set of the same name featuring a much anticipated collection of "previously bootlegged" material, with The Truth, the twenty-first studio album by Prince which is a bonus disc of 12 new... (1998) and The Vault: Old Friends 4 Sale The Vault: Old Friends 4 Sale The Vault: Old Friends 4 Sale the twenty-second studio album by Prince. The album was recorded from 1985 through 1994. It was released by Warner Bros. Records without his co-operation and at the same time as his Arista album release the same year, Rave Un2 the Joy Fantastic... (1999). |
| Public Image Ltd. Public Image Ltd. Public Image Ltd are an English post-punk band formed by vocalist John Lydon , guitarist Keith Levene and bassist Jah Wobble, with frequent subsequent personnel changes. Lydon is the sole constant member of the band.... |
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An official recording released (despite leader John Lydon John Lydon John Joseph Lydon , also known by the former stage name Johnny Rotten, is a singer-songwriter and television presenter, best known as the lead singer of punk rock band the Sex Pistols from 1975 until 1978, and again for various revivals during the 1990s and 2000s... 's declared hatred for live albums) specifically to suppress bootlegs from that tour, including one of the two concerts from which these uncirculated soundboards were taken. |
| Sex Pistols Sex Pistols The Sex Pistols were an English punk rock band that formed in London in 1975. They were responsible for initiating the punk movement in the United Kingdom and inspiring many later punk and alternative rock musicians... |
Spunk (Sex Pistols album) Spunk is a bootleg demo album by the English punk rock band The Sex Pistols. It was originally released in the United Kingdom during September or October of 1977.... (2006) |
Bootleg of demos originally released in 1977, officially released by Sanctuary Records Sanctuary Records Sanctuary Records Group Limited was a record label based in the United Kingdom and a subsidiary of Universal Music Group. Until June 2007, it was the largest independent record label in the UK and the largest independent music management company in the world... in 2006. |
| Swans Swans (band) Swans are an influential American post-punk band initially active from 1982 to 1997, led by singer, songwriter and multi-instrumentalist Michael Gira. The band was one of the few groups to emerge from the early 1980s New York No Wave scene and stay intact into the next decade. Formed by Gira in... |
Real Love (Swans album) Real Love is a live album by American No Wave band Swans. It originally appeared as an official bootleg during the early 1990s, then was official released in 1992, and was re-released several times afterward... (1992) |
An early 1990s bootleg. Most other Swans live albums began as bootleg-style recordings made by band members or crew. |
| Tangerine Dream Tangerine Dream Tangerine Dream is a German electronic music group founded in 1967 by Edgar Froese. The band has undergone many personnel changes over the years, with Froese being the only continuous member... |
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Most included concerts were at some point released as commercial bootlegs, but the released versions in these series are based on the Tangerine Tree Tangerine Tree Tangerine Tree was a project from 2002 through 2006 that was dedicated to the collection, preservation and distribution of unreleased concerts and other audio material by the band Tangerine Dream. The creators of the Tangerine Tree project received permission from Tangerine Dream to release the... project. Confusingly, two of the nine volumes in the Bootmoon series (Cleveland and Brighton 1986) were however from the band's official live recording archives, and also included in their "Vault" series of releases. |
| Frank Zappa Frank Zappa Frank Vincent Zappa was an American composer, singer-songwriter, electric guitarist, record producer and film director. In a career spanning more than 30 years, Zappa wrote rock, jazz, orchestral and musique concrète works. He also directed feature-length films and music videos, and designed... |
Beat the Boots Beat the Boots is a collection of bootleg recordings by Frank Zappa which were originally distributed illegally but were released officially by Rhino Entertainment in 1991. The recordings were available as individual CDs and as an LP or cassette box set... (1992) Beat the Boots II Beat the Boots II is a box set by Frank Zappa. It compiles bootleg recordings which were previously available illegally, and was released through Rhino Entertainment in 1992 as part of Zappa's campaign to dissuade his fans from buying illegal recordings of his concerts... (1992) |
Remastered directly from bootleg discs. Zappa also copied the packaging directly from the bootleg releases, adding no additional material other than a cardboard box. |
See also
- MagnitizdatMagnitizdatMagnitizdat is a term used to describe the process of re-copying and self distributing live audio tape recordings in the Soviet Union that were not available commercially...
, for live recordings of banned bardBard (Soviet Union)The term bard came to be used in the Soviet Union in the early 1960s, and continues to be used in Russia today, to refer to singer-songwriters who wrote songs outside the Soviet establishment, similarly to beatnik folk singers of the United States...
s and musicians in the Soviet UnionSoviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991.... - Taper (concert)Taper (concert)A Taper is a person who records musical events often from standing microphones in the audience for the benefit of the musical group's fanbase. Such taping was popularized in the late 1960s and early 1970s by fans of the Grateful Dead. Audio recording was allowed at shows and fans would share their...
- Cam (bootleg)Cam (bootleg)A cam is a bootleg recording of a film. Unlike the more common DVD rip or screener recording methods which involve the duplication of officially distributed media, cam versions are original clandestine recordings made in movie theaters.Typically, the person filming the movie will smuggle a compact...
- Great White WonderGreat White WonderGreat White Wonder, or GWW, is the first notable rock bootleg album, released in July of 1969 and containing unofficially released recordings by Bob Dylan. It is also the first release of the famous bootleg record label Trademark of Quality...
- Kum BackKum BackKum Back is the first bootleg album by The Beatles, released in September 1969. The album is an early mix of what would become 1970's Let It Be, taken from an acetate prepared by the groups's producer, Glyn Johns...
- The Beatles bootleg recordings
- Bob Dylan bootleg recordingsBob Dylan bootleg recordingsBob Dylan bootleg recordings are unreleased performances by American singer-songwriter Bob Dylan, that have been circulated throughout the public without undergoing an official, sanctioned release...
- Led Zeppelin bootleg recordingsLed Zeppelin bootleg recordingsThe Led Zeppelin bootleg recordings are a collection of audio and video recordings of musical performances by English rock band Led Zeppelin which were never officially released by the band, or under other legal authority. The recordings consist of both live concert performances and outtakes from...
- Pink Floyd bootleg recordingsPink Floyd bootleg recordingsThe term Pink Floyd bootleg recordings refers to the various collections of audio recordings of musical performances by the British rock band Pink Floyd, which were never officially released by the band, or by any other legal authority. The recordings consist of both live performances and outtakes...
Further reading
- Heylin, Clinton. The Great White Wonders: The Story of Rock Bootlegs. Viking Press, September 1994. (ISBN 0-670-85777-7)
- 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 0-87930-713-7)