Windows XP file sharing question

[Armitage]

Is it illegal to share metal concert bootlegs (audio & video) in Soulseek in THE UK?? Only metal concert bootlegs (mostly incredibly crap quality)

I would really appreciate if someone could shed light on this for me for once and all.

 

[Me__2001]

im pretty sure it is illegal

 

[psd99]

why bother asking?

if its obvious!

 

[Armitage]

why are you sure it's illegal and why is it obvious? it's not obvious to me, since concert bootlegs do not exist officially. I know it's illegal to record a bootleg, but is it illegal to download it out of entertainment purposes?

 

[Armitage]

The fact is that you're not sure. You just talk out of your arses. You don't know. How could you?

 

[ChristopherP]

Sharing any material that you do not legally own is illegal - if you record a band, and share it, its just the same as sharing one of their recorded songs on like... KaZaA.

Unless you have their written permission, you have effectivly stolen their property.

And if you know it was illegal to record it, of course its going to be illegal to share it.

There is no need to get worked up over it - it's no big deal. We are here to help, so don't get arsey, or you will most likely find yourself being sent away for a while.

Just stay away from whats illegal and be a law abiding citizen, and support the bands you like by buying their official material and going to their gigs.

Regards

Chris

 

[Me__2001]

do you own the copyright to the music that you have recorded ? im 99.99% sure you dont so its ILLEGAL, but if you own the copyright to the original music and dont mind sharing it for free go ahead its your property

 

[BaseLine9]

http://lsolum.typepad.com/copyfutures/2004/09/bootlegging_p2p.html

Theres an article suggesting the sharing of bootleg material is illegal

To confirm the issue

 

[Dr Freudstein]

why are you sure it's illegal and why is it obvious? it's not obvious to me, since concert bootlegs do not exist officially. I know it's illegal to record a bootleg, but is it illegal to download it out of entertainment purposes?

Stealing food from your local supermarket even to give away to needy old folks in the street is still a crime and you will be prosecuted if caught. Any concert I have been to, recording audio and or video is expressly prohibited. The fact that I might have been able to smuggle a recording out of the venue does not mean that I can then share that recording with impunity. Under Scots law at least it is illegal to keep property knowing it was obtained illegally, ie stolen, defrauded etc. If downloadable content can be classified as property, then the same would apply. And laws governing the receiving of stolen property are long established in most countries.

 

[murcury]

shared files

Very true but it is also illegal to tape films off the television but companies still produce video recorders, the same with cd's it possible to tape from a cd and give it to a friend which is against copy write laws but people still do it and companies make it possible. Every one knows that if a film is on that you like you will record it rather than buying it. Is that not classed as stealing?

 

[floppybootstomp]

It IS illegal, I've discussed this issue with record companies in the past ( I was on a lot of promo mailing lists at one time, mostly, oddly enough, for rock and metal).

The fact is the songs performed on a bootleg recording are owned by an individual and that individual is entitled to royalties for each song.

Obviously, they won't receive royalties on a bootlegged recording, so that's why it's illegal.

However, in real life, many bands unofficially turn a blind eye to bootlegs, especially if they're good quality, as it usually enhances their reputation.

Recordings made direct from the desk or a radio broadcast are good, those made from a hand held mike in the audience are usually crap.

But, to simply answer the question, yes, it's illegal to sell or even share bootleg recordings.

And btw Armitage, do you have a brother named Shanks?

 

[Armitage]

Very true but it is also illegal to tape films off the television but companies still produce video recorders, the same with cd's it possible to tape from a cd and give it to a friend which is against copy write laws but people still do it and companies make it possible. Every one knows that if a film is on that you like you will record it rather than buying it. Is that not classed as stealing?

Fabulous question, but there is no point in asking.

They don't know.

 

[Armitage]

floppybootstomp

You're my man.

The fact is the songs performed on a bootleg recording are owned by an individual and that individual is entitled to royalties for each song.

Obviously, they won't receive royalties on a bootlegged recording, so that's why it's illegal.

Okay then, let me put it this way. As I know it, it is not illegal to form a band, do gigs and play cover songs of other bands, provided you're not making money from it. Now let's pretend, just pretend, that you make bootleg recordings of a cover band which play exclusively other groups' songs. Is that illegal then? Because the original bands, whose songs are performed, are obviously not going to receive any royalty. In this case, who owns what? And as I said, bootlegs do not exist officially.

However, in real life, many bands unofficially turn a blind eye to bootlegs, especially if they're good quality, as it usually enhances their reputation.

Very true, especially this particular band I've got in mind. Moreover, they encourage fans to enjoy their boots. But, does that mean that record companies, official authorities and all are not going to prosecute you?

And btw Armitage, do you have a brother named Shanks?

Good guess.

 

[floppybootstomp]

floppybootstomp

You're my man.



Okay then, let me put it this way. As I know it, it is not illegal to form a band, do gigs and play cover songs of other bands, provided you're not making money from it. Now let's pretend, just pretend, that you make bootleg recordings of a cover band which play exclusively other groups' songs. Is that illegal then? Because the original bands, whose songs are performed, are obviously not going to receive any royalty. In this case, who owns what? And as I said, bootlegs do not exist officially.

Good question, and one I had not considered.

I know that working as a DJ, I had to have a licence from some organisation or other, paid for annualy. British Phonographic Industry or some such body.

And, tbh, I have not a clue, perhaps ask a music industry lawyer

Very true, especially this particular band I've got in mind. Moreover, they encourage fans to enjoy their boots. But, does that mean that record companies, official authorities and all are not going to prosecute you?

Again, I not sure, out my depth here. A band named The Grateful Dead used to encourage fans to make bootlegs, presumably they instructed their record company not to prosecute anybody, but, again, I don't know.

I once asked Steve Harris, Iron Maiden bassist, what he thought about bootlegs. He said he'd take legal action if they were poor quality, but would turn a blind eye to good recordings that showed the band in a good light.

It's a grey area and I don't think a band would necessarily prosecute, but the UK version of the American RIAA might do. Even now, random prosecutions are being made against some file sharers using p2p networks, so be warned.

I may have to do some more investigation on this, I'm quite intrigued now