Legal Definitions - underground recording

An underground recording is another term for a bootleg recording. It refers to an audio or video recording of a live performance or broadcast that is made and distributed without the permission of the artists, performers, venue, or copyright holders.

Such recordings are typically unauthorized and infringe upon the intellectual property rights of those involved, including copyright in the performance itself, the musical composition, or the broadcast.

Here are some examples illustrating an underground recording:

• Example 1: Unauthorized Concert Footage
  Imagine a fan attending a popular rock band's concert. Using a hidden camera and microphone, the fan records the entire performance. Later, they upload this recording to a file-sharing website or sell physical copies to other fans without the band's or their record label's consent. This recording is an underground recording because it captures a live performance without authorization and is distributed illicitly, violating the band's performance rights and the copyright in their music.

• Example 2: Illicit Theatrical Play Recording
  A theater enthusiast attends the opening night of a new Broadway play. Despite clear warnings against recording, they use a discreet device to capture the entire audio of the performance, including dialogue, music, and sound effects. They then share this audio file with a small group of friends online. This constitutes an underground recording because it is an unauthorized capture of a live theatrical performance, infringing on the playwright's copyright, the actors' performance rights, and the production company's rights.

• Example 3: Unlicensed Radio Broadcast Capture
  A radio listener records a special live broadcast of a rare interview with a famous musician, along with several unreleased tracks played during the show. The listener then compiles these recordings onto a CD and sells them at a local music fair, claiming they are "collector's items." This is an underground recording because the broadcast itself, the interview content, and the unreleased music are all protected by copyright, and the recording and subsequent sale were done without the permission of the radio station, the musician, or the record label.