====== Copyright status of live concert recordings ======

So, I'm sitting here at the coffee shop doing some work and listening to a Derek Truck's Band concert which I downloaded from archive.org.  I've been a big fan of live concert recordings for a long time, long before I knew about CC.  The only requirement for a site like archive.org to host a concert is a public statement from the band that they allow taping/trading.

My question is one of copyright application to the <U>recordings</U> of those concerts.

Initial thought is that the band (or their legal entity) holds the copyright of the performance, which is why entities which follow the rules, like archive.org, need a public statement to allow trading.  But, does that mean that it would be against copyright law to apply a CC license to those recordings?

By who and when would the license need to be applied?  At the concert vocally stated by the band ("the following concert is CC:BY-SA... now lets ROCK!") or would that be another area where a public statement by the band would suffice ("We allow taping and trading of our shows as long as all versions of the recording are licensed under CC:BY-SA")?

The reason I ask is because I could go into a coffee shop with my microphone and record some ambient coffee shop sounds, release <U>just</U> that recording under a CC license and probably be ok, even if there were discernible voices in the background.

Yeah, music is a special case; I'm just thinking out on the computer.

But, what does that mean for the copyright status of the live concert recordings on archive.org?  Are they under full copyright just with a statement that says you can share them with your friends?  I haven't been able to find any satisfactory answer to my question at the [[http://www.archive.org/about/faqs.php#Live_Music_Archive|archive.org FAQ]], or even [[http://wiki.etree.org/index.php?page=TradeFriendly|etree.org]].

If you have any thoughts, please email me, I'll add them here.