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| | CLL Articles - Practice Pointers: Bootleg Recordings and Fair Use (Site not responding. Last check: 2007-09-11) |
 | | Instead, the recording would be a violation of § 1101, a 1994 amendment which prohibits the unauthorized fixation or distribution of "the sounds or sounds and images of a live musical performance." Violators of this section are not copyright infringers, because the live musical performances they exploit are technically unfixed and thus not copyrightable. |
 | | Even if an authorized recording is made of the same concert, it is only the recording, not the performance itself, which is copyrightable, and the bootleg, as an "independent fixation" under § 114, arguably does not infringe the authorized recording. |
 | | The statute therefore provides that violators of §1101 shall be subject to the remedies of the Copyright Act "to the same extent as an infringer of copyright," tacitly recognizing that bootleg concert recordings are not infringements of § 106. |
| www.cll.com /articles/article.cfm?articleid=41 (819 words) |
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