I can't seem to get an exact answer

No.

no

all other bootlegs are. but prince ones aren't

Think it through for a minute. The answer will come to you.

unique said:

no

all other bootlegs are. but prince ones aren't

Really?

I thought they were all technically illegal, but most artists didn't enforce the law (a bit like photos of a celebrity on any website could technically breach IP/copyright/etc... but almost all celebs let it go, at least for fan sites).

The word 'bootleg' should imply something.

the answers in the question

HonestMan13 said:

The word 'bootleg' should imply something.

jimbobcoo34 said:

I can't seem to get an exact answer

I don't know if anyone can answer that question exactly unless you specify what jurisdiction you are talking about, who is using the bootlegs, and for what purpose. If you were to ask Prince, I'm sure he would say that they are illegal throughout the universe and in any alternative universe that may exist in his mind.

It is not illegal to own Prince or any other bootlegs(unauthorized audio or video recordings) in the US and most other countries.

It is illegal to sell or intend to sell them - intending: meaning advertising their sale/auction or having multiple copies of them.

It is legal to record the audio or video as long as the artist gives permission. Some bands set up areas just for the purpose of recording shows, which implies authorization. Those recordings are legal to sell, as permission was given to the taper who becomes owner of the recording.

Obtain, own and enjoy: OK.

Sell: Not OK unless permission granted.

Italy is one country that does allow the pressing and sale of bootlegs.

The above is true for live shows and copyrighted studio material. Officially released material that shows up on bootlegs is often referred to as counterfeiting and is more likely to draw the attention of the legal system than something recorded in a live setting.

Is there a distinction made between selling and sharing? ie. selling pressed (or digital) copies for money as opposed to sharing them online for free?

squirrelgrease said:

It is legal to record the audio or video as long as the artist gives permission.

Given that Prince clearly does not give permission, then presumably it is illegal to record the show, therefore doesn't that make anything (owning, sharing, etc...) to do with that recording illegal?

Or is it a legal loophole that once something has been recorded illegally, it can then be shared, enjoyed, etc... providing it is not sold.

changing the question if i were to download a concert of prince's would that be legal

Call up Paisley Park and ask them.

Chiquetet said:

Is there a distinction made between selling and sharing? ie. selling pressed (or digital) copies for money as opposed to sharing them online for free?

squirrelgrease said:

It is legal to record the audio or video as long as the artist gives permission.

Given that Prince clearly does not give permission, then presumably it is illegal to record the show, therefore doesn't that make anything (owning, sharing, etc...) to do with that recording illegal?

Or is it a legal loophole that once something has been recorded illegally, it can then be shared, enjoyed, etc... providing it is not sold.

Owning an illegally recorded concert is perfectly legal in the US. Sharing it (uploading it/bit-torrenting) via the web is a grey area because there is usually advertising on all of those sites we get our bootlegs from and somebody is making money from the ads via click-throughs, not to mention the advertiser gaining any sort of revenue out of it's product placement.

Person-to-person sharing and downloading of unauthorized live recorded material is not a crime. It's the big label copyrighted stuff that one uploads that can get that individual in trouble - so says the Supreme Court.

jimbobcoo34 said:

changing the question if i were to download a concert of prince's would that be legal

Yes. Unless it was one of Prince's copyrighted releases like It Aint Over.

Chiquetet said:

Is there a distinction made between selling and sharing? ie. selling pressed (or digital) copies for money as opposed to sharing them online for free?

squirrelgrease said:

It is legal to record the audio or video as long as the artist gives permission.

Given that Prince clearly does not give permission, then presumably it is illegal to record the show, therefore doesn't that make anything (owning, sharing, etc...) to do with that recording illegal?

Or is it a legal loophole that once something has been recorded illegally, it can then be shared, enjoyed, etc... providing it is not sold.

Suppose that a member of Prince's band got a copy of the recording of a particular concert and gave it to a friend. Would that friend be breaking the law by listening to it, or by giving it to someone else? What if Prince himself gave a tape of a concert, or an unreleased studio recording, to someone, who then gave it to a friend? At least some of the bootlegs we have originated in one of these two ways. Prince would undoubtedly say that he owns everything and only he can give permission, but that doesn't mean he's right. It's not even clear that he will have the sole right to his official studio releases when the magical 35 year period has elapsed.

There are also differences between countries as to what rights are protected or not. If I live in Holland and download the Small Club bootleg from a Dutch website, wouldn't Dutch law or E.U. law apply? The original recording was made in the Netherlands, after all.

I'd like to see what would happen if WMG decided to release the original Crystal Ball triple album that Prince wanted them to release instead of SOTT. I'm sure Prince would try to sue them, but on what grounds? He gave them permission at the time.

[Edited 10/30/11 20:22pm]

Chiquetet said:

unique said:

no

all other bootlegs are. but prince ones aren't

Really?

I thought they were all technically illegal, but most artists didn't enforce the law (a bit like photos of a celebrity on any website could technically breach IP/copyright/etc... but almost all celebs let it go, at least for fan sites).

prince has his own special laws that don't apply to anyone else

did you know that if you look at prince in spain you can be jailed for 10 years, for example?

jimbobcoo34 said:

I can't seem to get an exact answer

There's a clue in the use of the word 'bootleg'.

In this country you would get publicly flogged for "owning" bootlegs.

unique said:

Chiquetet said:

Really?

I thought they were all technically illegal, but most artists didn't enforce the law (a bit like photos of a celebrity on any website could technically breach IP/copyright/etc... but almost all celebs let it go, at least for fan sites).

prince has his own special laws that don't apply to anyone else

did you know that if you look at prince in spain you can be jailed for 10 years, for example?

I'm told that in the Shetlands and all those other strange places, if you have any bootlegs, you are decapitated, then your head is placed on a spike, then put in the middle of a field for the crows to peck your eyes out.

Sturdy lot up there, I blame the wind.

[Edited 10/31/11 3:42am]

squirrelgrease said:

Italy is one country that does allow the pressing and sale of bootlegs.

That loophole was closed long ago. Same for the German loophole.

You guys is crazy.

Two things...

1) Never pay for bootlegs.

2) "He's a chronic litigator." - Jellybean Johnson recently describing Prince

TheDigitalGardener said:

unique said:

prince has his own special laws that don't apply to anyone else

did you know that if you look at prince in spain you can be jailed for 10 years, for example?

I'm told that in the Shetlands and all those other strange places, if you have any bootlegs, you are decapitated, then your head is placed on a spike, then put in the middle of a field for the crows to peck your eyes out.

Sturdy lot up there, I blame the wind.

[Edited 10/31/11 3:42am]

yes, but a bootleg is an entirely different thing in shetland. it's got nothing to do with music, and has a much more literal meaning

in the hebrides for example, if you are caught with michael jackson records they stick you in a massive wooden man and set you on fire so you don't abuse the children on the island. only church goers are allowed to abuse children up there

bootlegs are not illegal

you can tape whatever you want whenever you want, just like you can take a picture of whatever you want whenever you want

people try to tell you not to but that is just them trying to make you feel like you don't have a right to do what you want. but you can do whatever you want.

if u recorded the show, that is your experience. You can sell that. lets say prince was fine with selling bootlegs he appeared on. what are you gonna do, get permission from all the screaming fans to sell their screaming along to his songs? no .. its your right, you recorded it, its your experience, all other alleged laws are simply stadiums and arenas attempting to enforce "policy" not "law".

anybody can make up a policy but its not law. prince can have a policy that all his band must be vegetarian, but it doesn't make it a law

u paid for your ticket, you have a right to be there and you have a right to record whatever you want while you are there.

prince and his record companies spend millions on advertising, yet claim they lose money due to bootleggers. bullshit. bootlegs are advertising and prince should be thankful, because no one would give a crap about him anymore if all he had out there was his studio records. they suck mostly (its sad that we can officially say mostly now)

prince rails about freedom and all that .. makes me wonder what kinda propaganda prince is shoving on us sheeple .. he wants freedom but tries to tell people what they can and cant do for the price of admission. you can do whatever you want .. thats freedom.

ur not supposed to make money but, why cant you take a picture of prince in concert and sell it. you took the pick and its legal to sell it. so the same applies to the music

TrevorAyer said:

why cant you take a picture of prince in concert and sell it.

cuz prince will cry. tears of blood. little baby jesus blood. or jehova or whatever the fuck they call him. bob or billy christ

I can't seem to get aan answer if i download a prince concert bootleg is ite legal YES OR NO

BartVanHemelen said:

squirrelgrease said:

Italy is one country that does allow the pressing and sale of bootlegs.

That loophole was closed long ago. Same for the German loophole.

Gotcha. I remember that a lot of my bootlegs I collected over the years were made in Italy. They weren't supposed to be inported to the US, but the mailorders always came through without a hitch.

It's a grey area. Songs are copyrighted work, but there's the general line of thought that people who are seeking bootlegs have bought the back catalog or seeking the out of print stuff.

It's when people were buying bootlegs that got artists upset. Even Jimmy Page has quietly allowed a bunch of soundboard tapes to be downloaded,because he has no plans to officially release any of them. It's def. possible they're his tapes because they started popping up out of nowhere.