Since the early days, Soulhat has permitted taping of its live performances. As a result, fans are able to listen and enjoy dozens if not hundreds of hours of their best music. But taping is a privilege and with privilege comes responsibility. For this reason, tapers and live music collectors should familiarize themselves with certain aspects of copyright law as it pertains to their hobby. Knowledge of and compliance with these laws will protect legitimate tapers from association with those who abuse this privilege and bootleg unauthorized & copyrighted recordings.
No one other than Soulhat and its expressly authorized agents is permitted to sell recordings of Soulhat performances. Selling copies of Soulhat's live performances and/or making available downloadable files (MP3, WMA, Real, et al) from Soulhat's commercially-released recordings violates the United States Copyright Act. (17 U.S.C. Section 101 et seq.) and sale of recordings of a live musical performance without the permission of the performer constitutes a violation of 17 U.S.C. Section 1101.
The potential remedies available in copyright infringement actions are significant. For example, federal civil penalties provided in 17
U.S.C. Section 504 allow the recovery of actual damages based upon the number of copies produced, or statutory damages. Where the copyright owner
proves that infringement was willful, a court may increase the award of statutory damages up to $150,000 for each copyrighted product that has been infringed. In addition, 17 U.S.C. Section 505 provides for the recovery of attorneys' fees by the prevailing party. Even if willful infringement is not conclusively established, Section 504 permits the copyright owner to elect an award of non-willful statutory damages of as much as $30,000 for each work infringed without the necessity of demonstrating actual damages.
As for us....
Soulhat Web (www.soulhat.net) is a non-profit, information-serving venture. We do not sell merchandise or CDs. We intend to be in full compliance with copyright law. Any musician, artist, photographer, writer, et al., who feels their property has wrongfully been placed in the public domain should contact the Soulhat Web immediately. Unlawfully reproduced and/or posted images or articles will be removed immediately, provided notice is given.
To read more about Soulhat's current policy on live taping, please visit the Bands That Allow Taping website.
Updated: September 19, 2002
