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Writer's pictureViolet Brown, Esq.

Controversy … Fake? Navigating the Bootleg Scene in this Thing Called Life…After.

Updated: Aug 2, 2019



“The key to longevity is to learn every aspect of music you can.”

Ever heard of an “Official Bootleg?” Frank Zappa’s Beat the Boots?[1] Bob Dylan’s Bootleg Series? Even if the average person isn’t aware of bootleg culture, it’s historical evolution, or recent artist response, I am willing to bet good money Prince, a legit modern-day Michelangelo, was more than aware.


“I am a musician and I am music.”


He lived and breathed music. No question. He was also a master of pulling greatness, loyalty, devotion, etc., out of those he knew off-stage, and those who never knew him personally. He had the ability to truly reach those who fell in love with him from the nosebleed seats of a packed arena, or from a quiet corner of their own bedroom as his sound washed over them via ol’ skool wax. The skillset he possessed requires a keen knowledge of human behavior and an acute awareness of how one is perceived by others, among other things.


Currently, lawsuits abound. Judgments are being entered by judges and many are rushing to judgment of others personally. I get needing to blame someone (although I do not partake in this activity) but with all that I am capable of grasping, I still have yet to figure out why some folks need him to be perfect. Saying it again, he wasn’t, nor did he need to be. Well…okay, in terms of looks…but, I…never mind. In truth, he was better than most, yet still human. He wasn’t always forthright about things when dealing with the public. He went on fan sites pretending to be a fan and interacted with fans - sometimes even gave us what we wanted… when he felt like it. He gave the impression that all was well, at almost all times, when we know, that simply wasn’t the case.


He was also innovative and always ahead of the game in terms of distribution of his work.[2]

Observing this world of ‘fake news,’ fake outrage, etc., thinking things are going in an interesting direction. I have believed for some time and continue to believe, that while some folks take things too far, maybe…likely…probably? he had a hand in the production of what some believe to be bootlegs.


I am not the only person who believes it’s possible he could have leaked/had things leaked himself. This conversation is not new. Scottie Baldwin, accomplished Live-Sound Engineer, and someone who is a million times more qualified than I am to speak on it, spoke on it. I agreed when I heard it in 2017 and I still agree now. High-quality boots got out 1 of 3 ways. 1. He leaked them himself. 2. He gave someone else permission to do so (in order to generate buzz). 3. They were straight stolen. [3]


Prince recorded everything. He complained when people recorded him without his permission, and put out bad quality items while making no contribution to the hard work he and the band put in. He publicly expressed his disdain for those profiting off him and not sharing with him. He cared how the music was heard…Lovesexy anyone? Revisiting Frank Zappa’s idea, one need only a brief glance at unofficial releases, comparing camera angles, sound quality, etc., to get the impression that just maybe Prince had some consciousness of what was being preserved. Can you say Montreux 2009?


I am not saying he absolutely did leak anything, only that I do believe that it is possible/probable. I personally think it’s a smart move because of the guilty pleasure/shame effect on fans. Items of all kinds, perceived to be rare or “black market,” fetch fortunes. Human nature drives some folks to want things they can’t and/or shouldn’t have (present company included). He wouldn’t have been the first artist to bootleg himself, though he may not have gone about it the same way others did(because when did he ever do that with anything he did?)


“I have some bootlegs … but I wouldn’t sell them. …But fans sharing music with each other, that’s cool … but when you hear something [on bootleg] you’re just hearing something that’s not finished.”

Folks dig bootlegs, period. Prince himself had boots. What’s key to the issue is artists’ rights. To be clear, I am NOT suggesting that legit thieves should get a pass. If you obtained the material illegally, we’re in a different place…and if your goal is to cash in on someone else’s life’s work, to which you’ve made no contribution, and exploit folks’ grief based on your stolen material, just stop. What I am talking about is attention to detail and dealing with things as they are. Knowing who you are dealing with, how they operate, and their fanbase are key because these things directly affect potential streams of revenue. He did handshake agreements. He asked people to do things for him and people did them at their own risk. If there is evidence of a relationship, an established pattern of behavior, and a little common sense is applied…


Facts matter. Prince said time is a trick. I posit that timing is everything. When we do what we do, and why we do it, matters. Affirmative defenses exist for a reason. You are sued for selling someone else’s patented materials in your store. YOU APPEAR FOR COURT. Maybe you choose to respond, admitting, yes, you sold owner’s patented designs in your store… because you were given a legal right to handle said goods in a particular manner for the duration of the licensing agreement you entered into with the owner. Not a guaranteed win, still, the presentation of evidence can make a difference in the outcome. Note: Certain types of contracts must be in writing in order to be enforceable. Additionally, though many contracts terminate with the death of one of the parties, licensing agreements can survive.


Prince’s statements about the harms of bootlegging were not made in a vacuum. Artists performing their butts off on stage, night after night for our entertainment deserve to have fans put forth the effort to come and see them work, and pay them for the privilege. Further down the line, when those artists make their transition to The Final Tour/next plane of existence, they no longer have to suffer the detriment of decreased ticket sales to their live shows here on earth, and often unofficial recordings of their performances become part of, and even sometimes, the only historical record of the experience.[4]


Under current circumstances, people getting a little taste of what he could do, knowing they’ll never get the chance to see him perform live, makes them want more, not less. There is a difference between purchasing unauthorized copies of materials from bootleggers instead of going to see your favorite artist live when they are currently playing live all over the world versus not-for-profit sharing of snippets of amazing performances of unknown origin, between friends, for knowledge, understanding, or pure enjoyment, once that favorite artist passes away.


People seem to love to condemn others and show themselves to be the “true fans.” As much as I am admittedly obsessed with the man, I am cognizant of the fact that I did not live in his brain and would not presume to speak for him or tell people with certainty what he would or wouldn’t have done. Many are adamant that “he would never…” M’kay. We can point to past behavior, statements, etc., to create reasonable arguments (some of y’all aren’t reasonable in the least) but the only one who can truly speak for him is him.


I hate the idea that people who were there for Prince for decades or who helped him create legit quality work and had his blessing to use said work, might be demonized and/or destroyed by lawsuits, or condemned in the court of public opinion. Just because things appear a certain way doesn’t mean that’s what they are, and just because you can destroy someone doesn’t mean you should.


Truthfully, where I am today, all I want is Piano & A Mic officially released in high quality. I have been saying this for years and will continue to do so until my wish manifests itself. I want the world to recognize ALL his contributions and not minimize who he was or what he accomplished. I’ll support real musicians/real music always, every time.


Engaging in purposeful positivity, fostering an environment of collaboration vs contentiousness, can we try these things? Other fanbases get treated to” Official Bootlegs” of entire tours.[5] Yet we get… (sigh) while folks tear each other down over who the “real” fans/fam are and float around on clouds of self-righteousness. Ugh.


Back to the point, who did more shows than Prince? A collaboration of this magnitude could do so much for so many. What if people who are FOUND to have HELPED him create live-performance-type projects of the bootleg-quality variety, with his blessing back in the day, who may not be doing so well now, entered into agreements with the Estate, to package and distribute the works created? Not only would this help those who helped him, but the Estate would profit, and the Fam would get the shows they truly want to see. There’s room for everyone if we can agree to work together toward a positive goal with pure intent. Continuing the legacy of good quality music, adding beauty to the world, and the money going to the appropriate place. Simple, yes? Except…humans.


Anywho, Much Love,


Violet

@violetesq

@violetbinteractive

Always on Our Minds ~ Forever in Our Hear

[1] (1991 project aimed at giving the fans the bootleg experience they craved while rightfully getting the profits from sales of his work) httphttps://www.zappa.com/music/beat-the-bootss://www.zappa.com/music/beat-the-boots



[3] Scottie Baldwin(Guest)(June 4, 2017) Prince Podcast [Audio Podcast] https://podcasts.apple.com/us/podcast/podcastjuice-net/id589961442?i=1000386136436


[4] Parrish, M., More bands are ‘bootlegging’ own concerts, The Chicago Tribune, May 18, 2003 (1940’s reel-to-reel bootleg recordings of sax legend, Charlie Parker used for modern-day music study) https://www.chicagotribune.com/news/ct-xpm-2003-05-18-0305180395-story.html


[5] Pearl Jam enters into an agreement with Sony to produce made-to-order boots of live shows for fans. Pearl Jam Bootleg Program (2008) https://www.jambase.com/article/pearl-jam-bootleg-program

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