(TV) (long OT) Re: bootleg

["Mark G. Ryan" <mgryan@cruzio.com>]

Keith Allison <keith@marquee.demon.co.uk> wrote:
>
> if anyone who might get annoyed reads this, although this CD uses my 
> artwork (unknown to me) for the front cover it's nothing to do with me 
> and I'm NOT making any money out of it (although with an asking price of 
> $50 someone sure is)
> 
> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2505759057&category=22
> 52

Keith,

So they are bootlegging your art work as well?  That sucks.
If it's any consolation, it looks like whoever did this did
a pretty good job on the layout.

Mark


(The rest of this post is a long OT on the economics of bootlegging.)


As far as bootlegging of Televisions shows goes, I am not 
inclined to become too annoyed.  Anyone who is inclined to 
become very righteous about it should consider it from an 
economic point of view.

First, one needs to distinguish between making and selling 
illegal copies of commercial albums, which is violation of
copyright, pure and simple,  and bootlegging live shows--
especially shows of bands that never release live albums.  

Economically, the existence of bootlegs proves that demand 
exists that the record label is not satisfying.

Why are there so many Television bootlegs?  The answer is
obvious: the band has only released 3 official albums in 25 
years.  Verlaine has taken up some of the slack with his A_
Miller's_Tale anthology, but this was an odd format: half
solo work, half Television.  We still haven't a decent 
Television live album (The_Blow_Up might qualify if somebody 
cleaned up the sound).

While it's deplorable that the band does not collect royalties,
if the bootlegs did not exist, they would be no better off.
In fact, they would be worse off because we all (the fans)
would have nothing to talk about, and would probably find
something better to do.

Whether or not bootlegging shows is illegal depends on what
country you are in and what year it is.  The law had to 
invent new forms of intellectual property because the record
company would not own the copyright on a live recording made by 
a fan any more than it would on a photograph made by a fan or
a drawing made by a fan.  In my view, it's a hopeless battle
trying to create new monopoly rights above and beyond the
traditional copyright.

Analogy: if Coca-Cola suddenly stopped bottling the stuff, it 
wouldn't surprise me if other people started making their own
version in violation of Coke's trademark rights.   Is the 
solution for this a massive legal enforcement campaign?  Or
is for Coke to start shipping product again?  As usual, the
market provides a more optimal solution than an attempt by
the government to established licensed monopolies.

>From an economic point of view, I do not believe that bootleg
albums are a substitute good for any legitimate Television album.
Nobody is going to buy a bootleg INSTEAD OF, say, Marquee Moon.
The legitimate record label has every advantage over the bootlegger
in recording, mixing, pressing, packaging, distribution and
promotion.

Again from an economic point of view, if the bootleg is a good 
one, it may make more sense for the record label to try to collect 
uncollected royalties from the bootlegger or to take over
production than to try to put the bootlegger out of business.

Bootleggers should stop because it is simply rude to release
people's music without their permission.  If they can't stop, they 
should anonymously pay royalties (don't laugh, every year the IRS 
gets dozens of anonymous tax returns including payment from illegal 
enterprises that don't want to get caught like Al Capone).  But even 
more Television and its record label should start making albums again.

Mark


Keith Allison <keith@marquee.demon.co.uk> wrote:
> 
> if anyone who might get annoyed reads this, although this CD uses my 
> artwork (unknown to me) for the front cover it's nothing to do with me 
> and I'm NOT making any money out of it (although with an asking price of 
> $50 someone sure is)
> 
> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2505759057&category=22
> 52
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