>>> That aside, it is ILLEGAL to record the show in the first place.
>>>
>> I don't argue with you on this point. It is illegal to tape your CDs for
>> your friends as well...
>>
> But isn't there a big difference between taping CDs for my friends, and
> taping a CD for myself, for instance if I want to listen to it in my car
or
> something? If I make a recording of the X-Files because I have a
> committment every single Sunday night (not that I'm bitter!), and watch
it
> Monday, isn't that different than showing it in some sort of public
forum?
> I really don't know the exact legal specifications of these actions, but
I
> think there's some sort of line where you're ok as long as you don't
cross
> it. Isn't there?
>
I've already stated this in this thread, but I will reiterate (and go on
and on and on too!):
 
"Home Use" is NOT prohibited by US copyright law.  You CAN tape your own CD
to listen to on a Walkman or in your car.  You CAN tape the X-Files for
later viewing.  You can tape a cyber-broadcast of the Connells for the
shear pleasure of listening to George make up words to Scotty's Lament
because Doug has gone AWOL.  The RIAA propaganda machine would have you
believe otherwise, but then again, they not only killed DAT as a consumer
format, but also want to ban stores from selling used CD's.  They are just
a typical industry group trying to line their member's pockets with as much
money as possible.
 
On the flip side, you cannot let a friend tape one of your CD's for their
personal use, and you absolutely cannot sell a dub from your video or
recorded music collection to someone.
 
As far as a tape tree of a live performance?  I don't know this for a fact,
but distributing tapes of a live show or a video (a la MTV) sounds like it
could be legal trouble.  Technically, the performance is copyrighted as
well as the song compositions, so to distribute, you should really have
permission from the performance copyright holder and you'd have to pay
mechanical royalties to the songwriter.
 
Legality aside, I would venture to say that any artist or record company
who attempts to prosecute hard-core fans for running non-profit tape trees
(if that was really practical anyway) is pretty stupid.  They are not only
getting free promotion, but they are drawing the fan base deeper into the
band which will keep people coming to shows and buying new "official" album
releases.  These fans typically have the entire artist's catalog in their
collection anyway and like clockwork, they will run out the first day to
buy a new release.  So, indirectly, money is still being made by the powers
that be from these little "illegal" ventures.  And when someone says that
your taking food off the artist's plate by engaging in these activities,
I'd be quite skeptical to say the least.  Believe me, the record companies
have plenty of "Standard Industry Practice" scams going too make them
starve already.  If you doubt me, read "All You Need to Know About the
Music Business" by Donald Passman.
 
That said, I will now shut up.
 
John