Richard Hilton has this to say:
Hiya kids:
Just another note to let you know how vehemently I disagree with
practically every philosophical point made on your web page (it is truly
a wonderous achievement to be so fully disagreed-with, no?). I have to
wonder why you both seem so cynical and bitter ("military industrial
complex" out to get us, etc etc.....)? Whatever you do, DON'T LOOK
UNDER THE BED!!!!
The one I would choose to respond to here is concerning the alleged
"right" to record others' performances. It is my view that you have
taken a much too literal approach to the concept that "bootlegging is
stealing $$$ from artists". While I do believe that's true, I do not
think it's the crux of the biscuit. More to the point, I think that a
performance is an artists' *intellectual* property, and rather than
stealing money when one bootlegs a performance, one is, in fact,
stealing the intellectual property of that artist (like violating a
copyright or patent). Of course, the artist may see fit to allow all
such recordings/ownership of the performance, but I think that is
definately within the artist's purview as to whether or not to allow
this, not in the hands of the audience. I support the Grateful Dead's
position on this, and I do not object at all to having my performances
taped or traded. I think any artist who does object has every right to
do so.
I also think that the notion that these recordings are made for "one
off" ownership is naive. I know literally hundreds of people who
routinely trade and sell bootlegged recordings back and forth without
the knowledge and/or consent of the artist whose work is being traded.
While I do not contend that the artist is actually losing money from
this practice (in fact, a reasonable case could be made that it improves
his market potential), I think that the artist should be allowed to
control the flow of his intellectual property. Thus, the prohibition of
taping at live performances is both reasonable and sensible if desired.
Now, as for the trading of broadcast performances, I feel entirely
differently about that. I think that once it's out there on the
airwaves, that the public becomes part-owner of the event. I have no
objection to that on any grounds.
Just my usual $.02 or so.
DISCLAIMER: The opinions stated herein do not
reflect the opinions of anyone other than myself, including musical groups
with which I regularly perform.
If you wish to respond to this opinion, send your email here: