Legal Definitions - bootleg recording

Bootleg Recording

A bootleg recording refers to an audio or video recording of a live performance or a broadcast that has been made and distributed without the explicit permission of the copyright holder, performers, or broadcasters. These unauthorized recordings can be stored on physical media (such as CDs or DVDs) or shared digitally online.

Here are some examples:

• Unauthorized Concert Audio: A music enthusiast attends a sold-out concert by their favorite band and uses a discreet recording device to capture the entire live performance. Without seeking permission from the band or their record label, they later upload the high-quality audio files to a fan forum, allowing others to download and listen to the show for free.
  • How this illustrates the term: This is a bootleg recording because it's an unauthorized audio fixation of a live performance, distributed digitally without the consent of the copyright holders (the band/label).
• Illicit Theatrical Performance Video: During a Broadway play, an audience member secretly films the entire performance using a camcorder. They then create multiple DVD copies of this recording and attempt to sell them to tourists outside the theater, or list them for sale on an obscure e-commerce site.
  • How this illustrates the term: This constitutes a bootleg recording because it is an unauthorized video copy of a live theatrical performance, distributed on physical media (DVDs) without the permission of the play's producers or performers.
• Unsanctioned Broadcast Capture: A television viewer records a live comedy special directly from their cable TV broadcast. They then edit out all commercials and upload the complete, unedited special to a popular video-sharing platform, making it freely accessible to a global audience without the consent of the television network or the comedian.
  • How this illustrates the term: This is a bootleg recording because it's an unauthorized digital copy of a broadcast performance, made available over the internet without the permission of the broadcasters or the content creators.