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Using bootlegs in radio production?

petsy

petsy

I'm making a radio documentary (public radio) about a rock band. I ran into a problem of sorts and thought I might ask you people for advice.

From a US perspective, what are the rules when it comes to using live recordings, demos etc (bootlegs essentially) in something like a public radio documentary? Is it "fair use"? Illegal? How do I go about making sure that I'm not stepping on anyone's toes (let along digging my own grave)?

I have a couple of bootlegs with very nice soundboard audio and if possible, I'd like to use snippets from them in the docu. Thanks.
 
I'm not an attorney.... but I would think whether live or recorded the material is owned by the artist/band/label/songwriter. If this is not for profit docu I would think clearance would be fairly easy....maybe. Protect yourself (and the stations this will air on) and get permission for use.
 
Hmmm bootlegs? That might make the difference between legal and illegal. However for a documentary you would be using the music not as entertainment, or for a commercial venture..and the project is to be played on the air, and not sold...so my vote would be "no problem" because NPR stations play music, and in this regard the music clips would be part of a program that showcases artists and their music.

And as usual..I subscribe to the Randy Michaels school of thought.."easier to ask for forgiveness than permission"

But bootleg recordings might bother the artists. So, yeah ask about that. Commercially available recordings should not be an issue.
 
No, commercial music is absolutely not an issue, that's 100% clear and it's up to the station that broadcasts it to pay the royalties. That's not a problem at all.

This piece WILL get sold though - by me, to public radio stations as I am a freelancer. So I will be collecting money for something that is not in itself a bootleg, but contains parts of a bootleg. Question is, what does that make me?

That's why I'm a bit unsure because I don't want to put my own ass on the line should anything happen. It would be really nice to use these recordings though as they showcase the band during an important period in their career and the band hasn't released a commercial live album ever so there's not really an alternative as far as live clips.

Thanks btw.
 
Then the artists just need to sign off on your using it. No record companies to get involved, and if the stations are current with their ASCAP and BMI fees they will have no issues. You only need to get the written blessing of the band. They DO know that there are illegal recordings floating around right?

Basically you are are using a recording that nobody will lay claim to unless they want to be brought to task for making the bootleg recording. That is to say..if I make a bootleg recording and I sell it...it's mine to sell..but I am not paying the artists or the songwriters, so I surely won't come forward to holler about you using it. It's like a guy who sells drugs calling the cops because a junkie didn't pay.
 
Alright, well, that sounds reasonable. I hope I'll be able to get that though, since they're no longer together. Or perhaps just one of the members would be enough? Anyway, thanks for the input. Regardless of how they're used, bootlegs sure are kind of fun. ;D
 
There may be the issue of since you're making a profit off a recording by the group that the group will want a piece. I don't know whether it matters who recorded the material, ie bootlegger. If you're benefiting financially from someone else's work then the creator (the band) will want a piece. But, I've been wrong before :D

I usually agree with the "ask for forgiveness later"...but in today's overtly litigious society better to ask permission than wind up in court owing more than you made.
 
To be safe, find an expert in law who deals with this everyday. Spend a few dollars now and save lots more down the road. Cost of doing business.
You would not like to be in front of a judge and your only defense is, ''some people on a message board told me it might be OK."
 
Thanks. Yes, I'd much rather check these things BEFORE the fact. I don't like courts. At least not when I'm the guy on trial.
 
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