Phish Audio Recording and Transfer Policy


1. Phish and the band members own all rights in and to their performances, regardless of the source of a given recording. The band is required to protect those rights if infringed (it's not a choice).

2. Taping and trading are privileges afforded by the band's limited permission in the taping policy. The policy generally allows limited use of recordings made with the band's authorization, specifically person-to-person trades for home use only with no money changing hands, even if the result is a loss.

3. Copying all or part of official releases is not allowed. official releases include all content published by the band in any medium including audio, video, photos, art and the like. Compiling mixes from officially released files and/or combining official releases with authorized material is still illegal copying and violates our policy. Pretending officially-released files are not official will not suffice.

4. Video taping was never allowed. Therefore, copying or trading unauthorized video recordings violates the spirit if not the letter of our policy. Recently the practice has become widespread, increasingly anonymous and further from the spirit of the policy. Video trading, especially among strangers (as with peer-to-peer) inevitably leads to unauthorized product for sale. Tracking and stopping illegal sales wastes energy better spent on official releases. If written policy is needed to restate the obvious, we reserve the right to make and enforce it.

5. We have never requested that discussion of this subject be refrained but the more our policies are ignored, the more energy we have to expend on them. that decreases the energy we can spend developing official releases, of which we intend as many as possible in a variety of formats.

6. If you see illegal copies being traded, please inform those doing it they are endangering trading and inform the relevant parties. You can contact Phish about these matters at web@phish.com

RECORDING

Audience taping is permitted at all Phish shows. For purposes of this policy, performances by individual band members of Phish will be treated as Phish shows. Guest performances by band members with other artists will be governed by that artist's policy. When Phish is performing at a festival or other event featuring multiple bands, that particular event's policy may override Phish's customary taping policy. All taping is limited to audio only - no video is ever allowed - and with microphones only (no soundboard patches). If a show is entirely general admission, then a tapers' ticket is not required. In an amphitheater, if there is a reserved pavilion and general admission lawn the taping section will be located behind the mix position in the pavilion and a designated taper's ticket will be required. In an arena or theater, if the floor is general admission and the stands or balcony are reserved, you must hold a general admission floor ticket if you wish to bring recording gear into the show. If there is reserved seating on the floor, then a designated taper's ticket is required in order to bring taping equipment into the building. All designated tapers' seats have the word "taper" clearly printed in the text on the face of the ticket. If the ticket does not say taper, then it is not a taper's seat. Tapers' tickets are usually sold by Phish Ticketing (formerly Phish Tickets-by-Mail) only; they are not available from Ticketmaster or other outlets unless we specifically announce otherwise. A taper's ticket (designated taper seat or general admission floor ticket) entitles the bearer to bring ONE audio recording deck and ONE microphone stand/set of microphones into the venue; additional equipment will not be permitted entry. Anyone found taping in violation of the above policy will be removed from the venue and unauthorized recordings will be confiscated.

Since there are no designated tapers' tickets at general admission shows, entry to the taping section is first-come first-serve. Taping will be permitted on a space-available basis with any ticket. When the section is full, no additional recording equipment will be allowed into the show. If you wish to tape at a general admission show you have the best chance of getting a spot in the section if you are in line to enter the building when the doors open; this time is always printed on each ticket. If all of the space is taken before you enter the venue, you will not be permitted to bring recording equipment in with you.

The enjoyment of the audience in attendance at a concert always takes precedence over recording efforts. This means that at no time should tapers ever require other patrons to be quiet or otherwise interfere with their enjoyment of the show.

DUPLICATION

All participants in audio recording exchange (regardless of format) acknowledge and respect the copyrights and exclusive ownership of the music and performances by the performers, writers and publishers.

All taping must be for personal use only, which may include trading (via analog or digital tape, CD, or digital file transfer). Recordings may be traded only for an equivalent amount of similar media (cassettes or CDs, pre-recorded or blank). We are seeing an increase in sales of live CD's, tapes, videos and other media at and around concert sites. Because these items are more often sold in the lots than not, and we must enforce Phish's no-vending policy to stop the sale of unauthorized merchandise bearing Phish's trademarks and copyrights at shows, we must assume CDs or tapes being displayed are for sale, not trade. Like other items bearing Phish's intellectual property, Phish tapes, CDs, videos or other media may not be displayed or distributed at or around concert venues, and may be subject to seizure if found. Regardless of any expenses incurred, no money may ever be exchanged as part of a trade; however, stamped, self-addressed envelopes may be included with blank media. In addition, the media by which audio trading is publicized may not be commercialized. Therefore newsletters, web sites, clubs, or any other communication forum facilitating audio trading cannot accept advertising, offer links for compensation, exploit databases compiled from their traffic, or otherwise derive any commercial proceeds in any form.

Stores or businesses may not offer to duplicate Phish media for customers or sell or otherwise provide media containing unreleased Phish music for any price. A statement of compliance with this policy must be clearly posted on all web sites engaged in trading activity.

Notwithstanding the above, Phish reserves the right to require immediate removal of any unreleased Phish material. In no case may any officially-released Phish recording (live or studio) be duplicated or otherwise traded or offered. It is the responsibility of the site host to remain informed of the current list of Phish's officially-released recordings and to maintain their site accordingly. Broadcast of unreleased Phish recordings via: radio or online is permissible only if it conforms to all the guidelines applicable to other forms of duplication.

Audience taping at Phish concerts is authorized for non-commercial purposes only. Unauthorized sale, duplication and/or distribution is strictly forbidden. All Phish performances and recordings are the exclusive property of Phish. All rights reserved. The privileges to record Phish performances set forth in this policy constitute an express, revocable license. We reserve the right to withdraw our sanction of recording, tape trading, and/or non-commercial digital audio file transfers on a case specific basis or in general, as we deem necessary. No waiver of any copyright or trademark right is intended.

If you are aware of any person or site in violation of this policy, please inform us at web@phish.com

This site maintained by Cheryl Hanes
sky.etree.org: ©2002-2005.



Last Updated Monday, 28 February, 2005