Bootlegs are, actually, illegal

17 U.S.C. Section 1101 prohibits recording the sounds (or sounds and images) of a live musical performance without the consent of the performers involved. This statute also prohibits transmitting or otherwise communicating (or distributing) to the public such sounds and images without consent.

Well, of course, this sort of activity happens all the time. For instance, you go see your favorite local band play a house concert, and you pull up your phone and create a short video of the live performance. Then, you post it to social media, proving how hip you are to be witnessing this performance. Are you also proving to the world that you are a felon?

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The issue is whether you have obtained the performers’ consent. And, it could be that the performers’ consent could be implied from the context. That is–no one (certainly not the performers) told you that you couldn’t make a video of the performance. If anyone had informed you that “recording of the performance is prohibited,” then you’d be in big trouble. So, use your recording devices with advance permission only, whenever a live music performance is nearby.

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