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Subject:  Updated Phish Audio Policy (long)

Date:   6/17/99 4:38:05 PM AST
From:   shell@PHISH.COM (Shelly Culbertson)

Phish's audio recording and transfer policy has just been updated.  If
you engage in any form of Phish audio tape or file collection, trading
or transfers, please familiarize yourself with it.  Thank you.

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
Tickets-by-Mail (mail order) 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).  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 mediums by which audio trading is publicized may not be
commercialized.  Therefore newsletters, web sites, clubs, or any other
communication forum describing or facilitating audio trading cannot
accept advertising, offer links for compensation, exploit databases
compiled from their traffic, or otherwise derive any commercial profit
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.


If we have chosen to offer for sale (via physical media such as CD, or
via digital download) a particular Phish performance, this "official"
version will take precedence over amateur recordings being offered for
download.  In these instances, we require that digital audio
repositories remove any recording of these particular performances from
their collections within 3 days of the official release or 3 days of
Phish announcing the intention to release, whichever is earlier.
Notwithstanding the above, Phish reserves the right to require
immediate removal of any unreleased Phish material.  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.  In no case may any officially-released Phish recording
(live or studio) be duplicated or otherwise traded or offered.
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 rights 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.