“The Pro's And Cons Of Bootlegging” – TWR takes a look at the perilous world of unofficial recording with a brief visit to the world of copyright control...
We looked at this subject several years ago, but in the light of recent events, we thought it might be worth taking a wee look again...
Bootlegs! One man's meat, another's poison. To us, the fans, a glorious field of unheard and unseen goodies. To the artists, and their record company, a threat to revenue streams. Who is right and who is wrong?
Just about any rock/pop band has its fair share of bootlegs and Genesis and its members are no exception to this and there are literally thousands of them available to fans especially in this, the age of the Internet. What is the reasoning behnd making a bootleg in the first place? Well, you may simply want a souvenir of the show you attended. Or the prospect of making some financial gain from your efforts by the sale of copies may be your reason although if we are honest, most fans hardly fall into the latter bracket as trading circles have existed for years now where recordings are traded freely and without commercial gain. There is also the aspect of preserving a historical legacy to be considered – yes, this material IS of historical interest if only to certain people. The gaps in the band's visual and audio record where recordings were not kept or on some cases, recorded over is testament to the cavalier attitude the band have displayed toward their own work. Shocking and frustrating to us but quite natural if you are a creative artist moving on from one project to another. The fans have been assiduous in collecting this material from a vast range of sources, collecting and in some cases restoring it and ensuring it is available to future fan generationsfor them to enjoy. A prime example of this would be the Tony Stratton-Smith Present Genesis film from 1973. Never released officially as the band did not like the end result, it is nonetheless the only major visual document of the band from a crucial phase in their career. |
If the stories surrounding this film are true and that it was found languishing in a skip when the old Charisma offices were cleared out then it is an example of a fortunate survival. Fortunate also that a group of fans were able to acquire a print of the film and restore it visually, cleaning it frame by frame removing accumulated dirt and also, more remarkably still locating and synching the correct soundtrack to it. The result is, quite simply put, amazing. No self respecting fan would want to be without this priceless artefact! The fans PAID to restore this film,and then... they made it freely available to the fan base a work of altruism for which they should be applauded...and of which the band should take note!
The other side of this coin is the example of the legendary footage from the band's performance at the Atomic Sunrise Festival in 1970, another priceless artefact from the band's career and the only visual record of the band with both John Mayhew and Anthony Phillips known to exist. This footage has been in the hands of a private collector for many years. How he acquired it is unknown and he has remained as silent as the footage itself on this subject. The film is silent, and as there is no extant audio recording from the event despite the recollections of several band members that it WAS 8 track audio recorded it cannot be restored in the same manner as the preceding item. The owner has tried on several occasions to commercially exploit this film, even going as far as arranging a screening at the venue where it was filmed. The owner has even offered to sell the footage to the band's management for a substantial sum. They declined, not necessarily because of the cost but because they have always maintained that the footage had been stolen, and they stated so in a letter written to longstanding Genesis fan, Mino Profumo many years ago in response to an enquiry from him. |
A soundtrack has apparently been dubbed on to the one track which has so far surfaced for fans to see (and hear) taking its source the studio recording from the BBC session recordings, which of course throws up its own copyright issues! The track, Looking For Someone, has been circulated and raises as many questions as it answers. Upon closer scrutiny of the visuals, it is plain that not all of them are actually what they purport to be. Images from a much later Genesis appearance have been spliced into the film. Why this should be the case eludes me as the footage should surely stand alone on its own merits?
This is an example of precisely what the band and their management object to: the commercial exploitation by third parties of what is legally theirs.
Which brings me nicely to the subject of copyright and copyright ownership. A vexed subject at the best of times but which can be broken down relatively easily. Copyright is a form of protection for artists, writers and inventors etc to protect their work (their Intellectual Copyright) from unauthorised third party exploitation and or/theft. As applied to music and video it ensures that the artists and their record companies and management can fully exploit the commecial possibilities of their work through sale of same.
That doesn't apply to things like soundboard recordings etc though does it? As the recent example of the fans who very unwisely decided to place a large number of such recordings acquired from the estate of someone who had worked for the band on to the Internet discovered, yes it DOES apply. All such recordings are and remain property of the band's management/record company. Whether they are going to be commercially exploited or not does not matter from the legal standpoint and their copyright remains the property of the management. That's not quite the end of the matter though. When you purchase a concert ticket etc you believe that the little piece of paper in your hands is your property too, don't you? You would be wrong in that assumption! That little piece of paper also belongs to “The Management”. So too do things like tour itineraries, AAA passes, tour posters, programmes etc, virtually any form of memorabilia is covered by the same protections. Photographs remain the property of the photographer who took them, although the subject may be able to argue for the free use of their image. And of course, if that photographer has taken photographs for promotional use by a band or artist, their rights may (or may not) be reassigned to the artists' management in return for payment. |
But back to the subject of bootlegs. As you can see, this is an area fraught with difficulties. Looked at from the fans' perspective these are items which are of genuine interest and which should be made available and when they were, in the case of Peter Gabriel's series of official bootlegs and Genesis' own Live Encore series from 2007 they are commercially successful for minimal outlay from the record company. This could be extended to other recordings either in private or band hands with a little goodwill from both parties. Will it ever happen? I don't know but it is something worth thinking about, isn't it?