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THE QUESTION OF BOOTLEGS AND ROYALTY PAYMENTS (Northern Soul case study)

Sayles, S. C. · 2026
PhilArchive · Papers · 2026
Open Source ↗
philosophy
Debates surrounding Original Vinyl Only (OVO) frequently become confused by the introduction of copyright and royalty arguments. Critics of non-OVO DJing often contend that the use of bootlegs is unethical because it deprives artists and rights holders of income, and from this conclude that OVO represents the morally superior position. This paper argues that such reasoning conflates two fundamentally different questions. The first concerns the ethical and legal status of the medium being used. The second concerns whether DJs should be restricted to original vinyl pressings. These issues are logically distinct and should not be treated as though one automatically determines the other. The paper demonstrates that the ethics of copyright point towards the use of legitimate, licensed media rather than towards original pressings. Original vinyl purchased on the secondary collectors' market generates no royalties for artists or rights holders, regardless of the price paid. By contrast, licensed reissues, authorised compilations, official repressings, and legitimate digital releases contribute directly to the remuneration of creators through established royalty mechanisms. Consequently, the ethical argument concerning artist support cannot logically be used to defend Original Vinyl Only. The paper further argues that historical discussions of bootlegging are frequently presented without sufficient context. Most Northern Soul bootlegs appeared years after the deletion or commercial abandonment of the original releases and therefore did not generally compete with legitimate retail sales. In many instances, sustained demand generated through unofficial circulation later encouraged record companies to produce authorised reissues that did return royalties to artists and publishers. The central thesis is therefore straightforward. Opposition to illegal bootlegging is entirely compatible with opposition to Original Vinyl Only. Indeed, if the objective is genuinely to support artists financially, the ethical position favours legitimate licensed media rather than exclusive reliance upon original collector's pressings. The moral defence of OVO consequently fails because it confuses historical authenticity with legal legitimacy, and collector culture with creator remuneration. ________________________________________
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