Bootleg recordings being distributed for
profit are illegal, and should be.
There are plenty of laws on the federal
books which can, and are, used to combat
illegal, commercial, bootleg CDs and tapes:
"Federal Laws
The three primary federal laws used to
combat this crime are:
1) U.S. Copyright Law {Title 17 U.S.C.
Section 101 et seq., Title 18 U.S.C.,
Section 2319 and Section 2319A}: The federal
law protects sound recordings first "fixed"
as of February 15, 1972. The law protects
copyright owners from the unauthorized
reproduction or distribution of sound
recordings to the public. Section 2319
applies only to those recordings that are
"fixed" with authorization on or after
February I 5, 1972 (that is, when the
performance is put into a tangible form such
as a tape, record or CD).
Those recordings "fixed" prior to February
15, 1972, are protected by criminal law
through a state's unauthorized duplication
statute. On the civil side, recordings are
protected by a state's competition laws.
Criminal sound recording copyright
infringements are punishable by up to five
years in prison and $250,000 in fines.
Repeat offenders can be imprisoned up to 10
years. Individuals may also be held civilly
liable to the copyright owner for actual
damages or lost profits or for statutory
damages up to $100,000 per infringed
copyright.
2) Trafficking In Counterfeit Labels {Title
18 U.S. C., Section 2318}: This statute
covers counterfeit labels intended to be
affixed to a sound recording. A "counterfeit
label" includes any component of the entire
package of a prerecorded audio cassette,
company disc or album cover. The definition
also extends to a situation where
counterfeiters have simulated "genuine"
labels that have not previously existed. A
person can be convicted under this law for
trafficking in a finished product that
contains a counterfeit label, as well as a
component of that product, such as the
insert card for an audio cassette. This
statute imposes penalties of up to five
years in prison and/or $250,000 in fines.
3) Trademark Counterfeiting {Title 18 U.S.C.
Section 2320}: This statute deals with sound
recordings that also contain the counterfeit
trademark of the legitimate manufacturer or
artists. The statute covers the
"trafficking" as well as attempting to
traffick goods containing the counterfeit
marks. The penalties imposed by this statute
for legal entities, such as corporations,
range from $1 million to $5 million.
Penalties for individuals range from five
years in prison and/or $250,000 in fines to
15 years in prison and/or $1 million in
fines.
4) Anti-Bootleg Statute {Section 2319A}:
This federal anti-bootleg statute was
created in December 1994. Like the
pre-existing state statutes, the new federal
statute criminalizes the unauthorized
manufacture, distribution or trafficking in
sound recordings and music videos of "live"
musical performances. However, the federal
statute also provides for the seizure of
bootleg recordings or music videos
manufactured outside the United States by
U.S. Customs at the point of importation. In
effect, bootleg recordings are now subject
to seizure and forfeiture in the same manner
as other property in violation of customs
laws."
From
http://www.grayzone.com/faqindex.htm