Publication:
MaximumRockNRoll

Author:
Felix Von Havoc

MRR #233-bootlegs and re issues
This month I will really get down to a seriously laborious examination of the political situation in the Middle East. NOT! Since the last issue, the Middle East is still fucked up. I have NO ANSWERS. But I do have some things to say about punk rock.

This month I’d like to talk about bootlegs and re issues.

There has been a tidal wave of bootlegs lately. Many of these are European boots of classic and obscure early 80’s US hardcore bands, as well as some American bootlegs of classic Japanese and European bands. Also, quite a few labels have been re-issuing classic material, as well as some overlooked gems long neglected.

I’m generally in favor of just about all re-issues and bootlegs. I’m just happy to see the music made more available on vinyl no matter what. However, there are several moral and ethical issues, as well as some quality issues that we must consider when dealing with this topic.

First, some definitions.

Re-issue-A contemporary label obtains permission to re release out of print material. This could be an exact copy of an old release, or a compilation of several releases or unreleased material. Some good examples would be the Citizen’s Arrest “light in the distance” lp on Dead Alive, any Grand Theft Audio CD, or any number of releases on the Get Back or Munster labels like Adverts, Blitz or Partisans LPs.

Bootleg-The first big wave of Bootlegging was in the early 70’s and principally took the form of making LPs of live concerts. Today bootlegs refers to any unauthorized release, be it a live record or an unauthorized re issue of an out of print item.

Pirate-pretty rare in the punk world a Pirate is an exact replica of a release which the manufacturer attempts to pass off as an original. A few very rare and expensive punk records have been pirated and with mainstream music pirate copies are widely manufactured and distributed in Asia and elsewhere. Often a pirate copy is a “knock off” that is a cheap replica of a current release at a lower price. Common in third world countries are “knock off” tapes and CDs which are home made copies of popular release. Some punk and hardcore stuff is pirated in Asia this way, but not much.

Most of the time I think re issues are the best way to go. In the world of punk it’s not that hard to track down ex members of bands and get their permission to use the material. You might get access to the original artwork or master tapes, photos, unreleased material, and also input from band members for liner notes. A royalty arrangement can be made so that the band members get some copies or some money and everyone comes out ahead. There is no need for the label to conceal it’s identity and the records can be pressed in large quantities and distributed through legitimate channels allowing for the greatest number of people to be exposed to the music. Which is, after all, the point.

It is my opinion, that unless the rights to the material are owned by a hostile record company, or the band flat out refuses to allow their material to be re released, a re-issue is always the preferred option when it comes to bringing old material to light.

Bootlegs are a much more difficult issue. Typically, the bootlegger has no permission and attempts to hide their identity. No label address is listed. Matrix numbers are scratched off the records. The records are distributed through second and third party fronts. The main ethical issue here is that the band doesn’t get paid, and has no input or creative control over the quality of the material used. Many bootleggers produce unauthorized releases, but adhere to a certain code of honor that binds them to sending anonymously some cash or free copies to the band in question. I would have to subdivide most bootlegs into some categories, first bootlegs can be “passive” or “aggressive”. By this passive I mean that the band members are distantly removed from hardcore and probably wouldn’t care if the material is used, or would be very hard to track down. An aggressive bootleg would be something like an unauthorized live or demo release of a popular live band, or a pirate copy of one of their releases. Also, I would break bootlegs down in “fan” bootlegs and “mercenary” bootlegs. A fan bootleg is done primarily by a fan of the music who really wants to make the material available to the public but either cannot or does not feel they can get permission to do a legitimate re issue. A mercenary bootleg on the other hand is a crass attempt to cash in on a band’s popularity by adding an unauthorized bootleg to their catalog that collectors or fans might be seeking. Think, most live Misfits records here. Clearly a bootleg can fit into several of these categories at once, or only a few. However, I think we need to look at things from all the angles to best understand that there is no ONE reason to bootleg or re issue a record.

For example. When the Christ on Parade material went out of print several people tried to get permission to re-issue it. When permission was denied some labels gave up. Others went ahead and did “aggressive” bootlegs that were essentially “fan” based. The proliferation of Christ on Parade bootlegs eventually forced the band and it’s label to do a legitimate re issue. Some bootlegs are definitely “mercenary” in nature but are done by labels which are fans of the music and use the proceeds to fund their new releases. Several labels are currently subsidizing their current roster of new bands by doing bootlegs of classic material surreptitiously on the side. As we can see there are several levels and approaches to this issue and in my opinion it’s not possible to say “all bootlegs are bad, they rip off the bands” or “all bootlegs are great, they make music available cheaply.” Consider for instance this scenario. There are many bands from the 80’s who get a really raw deal from their label. Also, there are labels that went bankrupt, or were bought out by other labels. The band members might want to re issue the material but legally don’t have the rites to do so. They might in such a case, actually support the idea of a fan bootlegging their material, as long as they got a few bucks or something, just to see the music out there and to stick it to their old label. Also, there have been cases of bands who essentially bootlegged their own material after disputes with their labels, such as the Deformed Conscience/Excrement of War split LP which the bands re pressed after the label ripped them off. Or Doom, re recording their early material and re issuing it when the rights to it were sold by their original label to a major label.

In my opinion one of the principal determining factors in my feelings towards a bootleg is the quality. You have to look at the record and ask yourself if the person who did it truly cares about the music or is just trying to make a quick buck. There are quite a few bootlegs on the streets today with poor sound quality, bad covers and artwork, little or no liner notes, no lyrics etc. and probably no copies going to the bands. Another factor is the price. Did the bootlegger try to make the music available at something like the price of a new release or is the price artificially inflated? The common argument is that bootlegs sell for higher prices because of the risk involved and their scarcity. Some distributors gouge the price of bootlegs because they know that their intended audience is die hard fans who will pay any price. The worse manifestation is the “direct to Ebay” bootleg that is barely circulated but sold primarily at inflated collector prices while it is essentially a new record.

Lets take a look at some of the economics of bootlegs and re issues. A legit reissue generally has costs lower than that of a new release. The recording is already done, and artwork probably already exists. There are probably some mastering costs, editing costs and maybe some expense in putting together new liner notes and artwork or re mastering unreleased material. Still, even with royalties of some sort paid to the bands the costs are lower than a normal new release. Such a record would probably sell at the same price as other new releases, making them perhaps slightly more profitable, but essentially about the same as any other new punk record.

Bootlegs on the other hand have almost no costs beyond manufacturing. If the recording and artwork are pre existing, there is only a little time and work on a computer mastering and copying the layout then straight to production. If no copies are given to the bands the costs are extremely low. There is no advertising since it’s not a legit release anyway, also probably no review copies are sent out so there are no promotion expenses. On top of this, bootlegs often command a premium price, despite often inferior quality. Here is where the mercenary factor kicks in. Take some of the recent spate of bootleg LPs. If you figure these cost no more than 1.50 to 2.00 to manufacture yet wholesale at something like 9.00 each, a pressing of 1000 copies yields a profit of $7000! Furthermore, as anyone who runs a label knows it’s really hard to get distributors to actually pay you for records. Whereas, due to the clandestine nature of most bootlegs cash is demanded up front. Imagine someone who is doing say, 5 or 10 bootleg LPs a year. This is serious cash income. I think a profit of 50,000$ a year is not infeasible from totally mercenary bootlegging.

Like drugs, there would be no supply without a demand. People keep producing shoddy, mercenary bootlegs, and people keep buying them. Also, as with drugs there is always an element of risk. Angry band members could kick your ass. You could be sued, fined and possibly go to jail. But like selling drugs, everyday people think the gains outweigh the risks and go ahead and do it.

Another question I ask myself when I look at a bootleg or re-issue is “was this record worth doing” Some material is obscure but brilliant. Some is obscure because it sucked to begin with. There’s always some accounting for taste, but the Antidote 7” for instance has been bootlegged four times because it is a total rager and never legitimately made available. On the other side many live Misfits and Slayer recordings are of marginal quality at best and clearly done merely to cash in on those bands loyal and free spending fans.

The most successful bootleggers in punk history were of course the German label Lost and Found. These guys made tens of thousands, possibly millions of dollars ripping off numerous hardcore bands, and suffered little or no repercussions, then left the hardcore scene and are still at large. Most people involved in punk would consider such mercenary bootleggers to amoral, unscrupulous, dishonest and working in contrary to any sort of DIY code of ethics. They would in turn retort that people were happy to buy the stuff, they took the money and ran, and we are stupid to believe that punk actually lives up to any of it’s high minded ideals. I’m sure they are gloating now at their ill gotten gains made at the expense of gullible Youth of Today fans across Germany.

After wading into this moral and ethical quagmire, I see no clearer than when I came in. Some bootlegs are certainly bad, done for spurious reasons, by dumb people with suspect aims. Some bootlegs are totally great, making some amazing music available again at a reasonable price. Like most things in life, we can’t draw any clear-cut black and white conclusions around such issues.

I for one was happy to see some great stuff like the State 7” on vinyl again. However, concurrent with the bootleg of this 7” some punk kids in Michigan are working on a legit re-issue which will be done from the original tapes and artwork and also have access to an unreleased 7” worth of material. If the bootlegger had taken the time to do a little research they would have realized that a much better job could have been done and hopefully this material will soon be legitimately re issued. My personal favorites are the Killed By Death, Bloodstains and Killed By Hardcore type bootlegs. Here we see true record collector fans at work making comps of what they feel are overlooked and rare classics. Some of these comps are modern classics and some are infantile twaddle. But the premise is airtight and lifted from the Nuggets and Pebbles comps of the 70’s. My least favorite are bootlegs of bootlegs of bootlegs of live Misfits shows that sounded like shit to begin with yet still sell for 20$ or more.

I hope I’ve shed a little light on the somewhat complicated issue of bootlegs. There has been some discussion of this issue in the letters column, and I’d like to see the floor opened to any other points of view or angles I didn’t consider in this column.

Publication Date:
January 1, 1984

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