sarah_yzma said:
I have a question that concerns tape trading. I belong to another forum (Off Kilter Shrine) and we have talked about trading tapes of our favorite band, Off Kilter. We recorded all these ourselves while watching them perform live. I was wondering about the legality of it, and I'm not good at understanding legal jargon. Could someone please help, and point me to a source (the other people there want to have proof, which is understandable, none of us want to do anything illegal)
I don't know of a site that specifically addresses tape-trading Sarah.
There's a couple of legal problems I see with this though:
1) The recordings are bootleg (you didn't get permission to make the recordings). Some bands like Phish encourage fans to make their own tapes at live shows which makes it OK but without the band's permission the tapes are technically illegal.
2) Distributing the bootleg tapes (even for free) is also illegal unless - again - the band explicitly permits this (they have to say it's OK for their fans to do this). This is the principal that the Recording Industry is suing people who download music off the `net under.
Really it depends how the band feels. They can say on their web site or at live shows that they want fans to record the music and share it (like Phish does) but unless they do that by doing the tape trading you are technically breaking copyright laws. Even the actualy tapes from the concerts are illegal.
That said, I don't think anyone will haul you off to jail.