Legal Definitions - import recording

An import recording refers to a specific type of bootleg recording. A bootleg recording is an unauthorized audio or video recording of a live performance, broadcast, or other copyrighted material, made without the permission of the artists, venue, or copyright holders.

Specifically, an import recording is a bootleg recording that has been manufactured or duplicated in one country and then brought into another country, typically for sale or distribution, without the necessary legal permissions from the copyright owners. The key element is the unauthorized cross-border movement of the illicit recording for commercial purposes.

Here are some examples:

• Example 1: Unauthorized Concert CDs

  An individual attends a popular rock band's concert in Japan and secretly records the entire performance using professional audio equipment. Without obtaining any rights or permissions, they then have this unauthorized recording pressed onto CDs in a small factory in Thailand. These CDs are subsequently shipped to distributors in the United States, where they are sold online and in specialty music shops without the band's or their record label's consent.

  Explanation: This is an import recording because the unauthorized live concert recording (a bootleg) was manufactured in one country (Thailand) and then *imported* into another country (the United States) for sale, all without the necessary legal permissions from the copyright holders.

• Example 2: Illicit Broadcast Downloads

  A fan in Germany records a rare live radio broadcast of a famous classical orchestra's performance. Without obtaining any rights, they create digital copies of this recording and sell them through an online marketplace to customers located in various other European countries and beyond, who then download the files.

  Explanation: This illustrates an import recording because the unauthorized recording of a broadcast (a bootleg) is being digitally *imported* and distributed across international borders to consumers in different countries without the permission of the orchestra or the broadcasting company.

• Example 3: Unlicensed Theatrical Play DVDs

  During a limited-run theatrical play in London, someone covertly records the entire performance using a high-quality video camera. They then produce DVDs of this unauthorized footage in Poland and arrange for them to be shipped and sold through various underground channels in Canada.

  Explanation: This is an import recording because the unauthorized video recording of the play (a bootleg) was produced in one country (Poland) and subsequently *imported* into another country (Canada) for sale and distribution, entirely bypassing the legal rights of the play's producers and performers.