During live concerts, it is increasingly common for audience members to experience the show not directly with their own eyes, but through the lens of their smartphones. While some use their devices merely to preserve memories of their favorite performances, others record entire concerts and subsequently share them online.
This practice, known as “bootlegging,” can be analyzed from multiple perspectives. From a copyright standpoint, it has frequently been subject to judicial decisions, as it infringes various exclusive exploitation rights—starting from the copyrights on the musical works performed live to the related rights of the performing artists.
It is often observed that live recordings made by spectators tend to be of very low quality. However, this does not constitute a legal defense. In cases where the poor quality of the recording could harm the reputation of the performing artists, there is a risk of violating their personality rights as well.
