Duhaime's Law Dictionary


Bootlegging Definition:

The making of an unauthorized copy of a commercially unreleased performance.

Related Terms: Piracy (Maritime Law)

In Kiss Catalog v. Passport International, Justice Fischer of the United States District Court (California) wrote:

"Bootlegging is the making of an unauthorized copy of a commercially unreleased performance, and is distinct from piracy, which is an unauthorized duplication of an authorized recording."

Historically, bootlegging referred to the actions of a bootlegger, a person who unlawfully, and for his personal gain, engaged in the sale of prohibited liquors:

"A bootlegger is a vendor of prohibited liquors, not a distiller."1

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