Lynch
Here for the cookies and the tunes
I view it this way... The actual act of taping was illegal, but the tapes being around now are not illegal, and some venues even allowed taping of some shows if the artist OK'ed it, Grateful Dead were big in that, but other bands too, also, if the concert has no copyright, like Led Zep playing XYZ showcase on 2/14/1971, had no official release from a record company, then, no one technically owns that audio that was sent into the air so someone can share it, it can't be sold because John Smith who snuck a tape recorder in would need a copyright of that material to sell it, but because no one has a copyright on the material, anyone can listen for free through any medium as long as it isn't sold by someone who doesn't own the copyright(which in this case, no one does, so no one can sell it)... so selling copies of bootlegs is still illegal, sharing is not, and distrubting free copies of albums isn't legal because some one owns a copyright to it, where no as no one owns a copyright to the bootleg....
hopefully that paragraph/incoherent rambling made some sense
Most of it makes sense and I have to say that if this TRULY is the case, it's the most retarded bunch of laws ever put together.
Let's use LZ2 as a reference here. I can buy LZ2 from a music store (online, physically, whatever). I own the CD, correct? If I decide I no longer want this CD, I can sell it to someone else, even though it's copyrighted.. just as long as I don't make additional copies and sell those. I also can't make copies and give them away for free. But just to keep things clear I can sell my own purchased copy.
Let's say I was lucky enough to see LZ on that tour and snuck in and ILLEGALLY recorded the concert. I can distribute THAT audio freely, as long as I don't charge, even though EVERY single song on the tape is copyrighted. I can't make copies and sell them, but I can make copies and give them away like candy on Halloween.
This is one of THE most f**ked up, dingy-ass set of laws ever. I just don't understand how the industry itself has no problem with their copyrighted material being freely distributed since the recording itself was illegal and not "official"... thus ok. Seriously, that makes ZERO sense. I'm not saying it's not true, I'm just saying that mentality is ridiculous