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Q What does the term 'bootleg recording' mean

01:00 Mon 09th Apr 2001 |
A.� A bootleg is an illegal recording made without the artist's knowledge or consent, and of course, without any payment of copyright fees or profit sharing. The term 'bootleg' refers occasionally to studio sessions or outtakes, but more usually means an illegally taped live performance recorded on smuggled tape equipment, or off a live radio broadcast, which has been pressed into vinyl in limited quantities and sold through a network of underground dealers.

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Q.� Is there a difference between a bootleg album, a pirate album, and a counterfeit album

A.� There is�- a bootleg is as described previously, but a pirate album is a selection of unreleased material which is issued independently, but not passed off as being a standard album release, unlike a counterfeit, which is an illegal copy of an album which is sold as being the genuine article.

Q.� It sounds like a 1960s hippy idea to take over the fat-cat record industry and give it back to the fans. Is that how it started

A.� Although the 1960s and 1970s were the heyday of bootlegs, the idea began way back in the early 1900s, when primitive cylinder recordings were made of opera performances, so it's not exactly a modern idea.

The birth of the 'modern' bootleg can be traced back to an album of unreleased recording sessions by Bob Dylan and The Band. The album, known as The Great White Wonder is probably one of the most famous bootleg albums ever made. Its legendary status was somewhat muted by Dylan's record label's release of the same material on an official album�- The Basement Tapes, although the thrill of owning the illegal original still ensures a degree of popularity.

Q.� Are some artists more 'bootlegged' than others

A.� Indeed, most popular are Led Zeppelin, whose electric early tours of America are captured on a series of legendary bootlegs. Pink Floyd's 1974 Dark Side Of The Moon show recorded at Trentham Gardens in Stoke-on-Trent is similarly immortalised by an enterprising operator who managed to smuggle in some sophisticated stereo tape equipment.

Bruce Springsteen's marathon four- and five-hour sets from the early 1970s made him an artist worthy of capturing on illicit vinyl. Springsteen is as aware of the practice as most major artists, when playing a live New York show with simultaneous radio broadcast, The Boss prefaced one song with the immortal command 'Hey you bootleggers out there in radio-land, roll your tapes!' They did, of course.

Q.� Do all bands crack down on bootlegging

A.� Not all. Metallica, the multi-platinum metal band are delighted to have their shows taped by fans, even going so far as to cordon off special areas at their arena shows where fans can get good sound, without the risk of expensive tape machines being crushed by over-enthusiastic stage-divers. Metallica's largesse with their own fans does not extend as far as allowing their material to be provided free of charge via the Napster Internet download system, the band are one of Napster's fiercest critics, and legal opponents.

Q.� Does bootlegging still go on

A.� It has died down compared to its popular peak in the 1970s, although the advent of CD has meant that some venerable vinyl albums have enjoyed a new, although no less illegal, lease of life.

Q.� What's the appeal of bootlegs

A.� A lot of music fans argue that bootlegging does no harm to their favourite band's bank balance because they, the fans, will have already bought every official release they can get their hands on. Bootlegs are usually live shows, and for the die-hard fan, it's a chance to experience his or her heroes in a concert situation without any cleaning or editing of the sound�- the 'in the raw' experience.

Q.� Surely an illegal tape machine smuggled in can't duplicate the quality of a proper live recording

A.� Usually not, and some bootlegs are woefully lacking in the sound quality department. Some enterprising bootleggers have been known to bribe sound crews to get a line feed directly from the mixing desk into their equipment, which can ensure a near perfect quality recording, but once again, one that is totally illegal.

Q.� Why is it illegal to make bootlegs

A.� The primary reason is one of copyright. Any artist legally owns their material, and to record it without their knowledge and consent, and to then sell the results, albeit in a cottage industry low budget enterprise, is infringement of that copyright.

Ironically, it is illegal to record, press, and sell bootlegs, but it is not illegal to buy them, a loophole the police use freely to obtain evidence in prosecutions of bootleggers, bringing witnesses who can appear in court and admit to having bought bootlegs, knowing they are immune from any legal consequences, unlike the bootlegger at who's trial they are giving evidence.

Q.� Is there a future for bootlegs

A.� Contrary to the outrage expressed by record companies, boootlegs have only ever accounted for a miniscule amount of the monies raised by the music industry from recorded music sales. With the advent of Napster, and the Internet acces to live events, the popularity of dubious quality under-the-counter albums is bound to decline, although the famous examples will continue to enjoy collector status.

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