DAT-heads Digest #424
Contents:
ISO Tom Petty 7/20/02 Charlotte (Facesplashed@aol.com)
ISO: I Am Kloot ("Bas Ruesink")
jorma and taping ("gordon wilson")
Stealthing and the law (richard@hempsall.com)
Re: stealthing (jgreen11)
Sony D8 help: AC power works, battery doesn't ("Jeff Franzreb")
ISO - a ticket to Yes 8/11, and FS 2 tickets to Ted Nuggent 9/7 ("Bob Silver")
Recording "PAULA" on the German Tour on autumn ? (Mathias Rombach)
Re: shoot, maybe it is illegal, dammit! (Brendan Hoar)
ISO: Femi at the Fillmore ("Matt")
ISO: Radiohead Benicassim broadcast (kindtaper@aol.com)
FS: spare DATs ("John Petroskas")
Jorma and taping (Paul Tumolo)
Pioneer DHS-5 96k deck $360 (JHudson199@aol.com)
TAPED: Beth Orton @ The Phoenix - Toronto ("Fares Halteh")
re: shoot, maybe it is illegal, dammit! ("Hance, Bill")
stealth taping ("Robert O'Haire")
taping at the Detroit State Theater (Tony)
From: Facesplashed@aol.com
Subject: ISO Tom Petty 7/20/02 Charlotte
Date: Fri, 9 Aug 2002 03:09:38 EDT
I'm looking for Tom Petty 7/20/02 Charlotte on cdr. Please drop me a line if
you can help me out.
Thanks,
Daniel
From: "Bas Ruesink" <basruesink@hotmail.com>
Subject: ISO: I Am Kloot
Date: Fri, 09 Aug 2002 09:15:09 +0200
New UK band with well reviewed first album. I did get a few webcast down
without ticks etc, ver nice. but did anyone tape them? they played some
festivals. let me know,
Bas
List at http://www.geocities.com/SunsetStrip/Underground/1620
_________________________________________________________________
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From: "gordon wilson" <gordonlw@mindspring.com>
Subject: jorma and taping
Date: Fri, 9 Aug 2002 03:48:10 -0400
it is his record contract. I don't think he cares at all. I have a great
matrix from 99 and there are many sbds out there as well. I saw on another
list that Bonnie Raitt doesn't really care either. Someone emailed her
booking agent or someone in her crew and asked if taping was allowed. the
response was "don't bring a stand and don't ask for a sbd patch. stealth
it". So lets see those 17th row center tickets go to good use. I think a
lot of artist don't care but due to there contract they can't openly allow
it.
Gordon
"A fool and his money are soon parted. I would pay anyone a lot of money to
explain that one to me."
Homer J Simpson
From: richard@hempsall.com
Subject: Stealthing and the law
Date: Fri, 09 Aug 2002 00:57:20 -0700 (PDT)
Hey Now
Let's not confuse the law (of one country) with
what's right and wrong, OK? Seems to me that US
law is increasingly for sale at a higher price
than the ordinary people can afford.
If I have paid for a concert ticket, why on Earth
shouldn't I be able to listen to that show again
when I get home? Whatever the ticket stub says,
I have PAID for that music !!!
(sorry)
From: jgreen11 <jgreen11@umbc.edu>
Subject: Re: stealthing
Date: Fri, 9 Aug 2002 07:41:25 -0400
>> "Can you point me to any legal document or existing law,
>> which explicitly says that the act of recording is a crime? "
from www.riaa.org
"The Federal Anti-Bootleg Statute {18 USC 2319A} prohibits the unauthorized
recording, manufacture, distribution, or trafficking in sound recordings or
videos of artists' live musical performances. Violators can be punished with
up to 5 years in prison and $250,000 in fines. "
From: "Jeff Franzreb" <jfranzreb@joffo.com>
Subject: Sony D8 help: AC power works, battery doesn't
Date: Fri, 9 Aug 2002 08:07:08 -0400
Last night as I was going to be taping Rush, my D8 wouldn't power on. I
thought maybe it was the batteries and replaced them at a local BP. Still
nothing. I chalked it up as these things happen, but was easier cuz I knew
one guy taping.
I got home and plugged it to the AC power plug and it turned on no problem.
Could the copper connections need cleaning? Or does some here think it is
beyond that and I'll need actual serious repair on my rig?
Please help. I have a big month of concerts and would hate to not tape.
Thanks,
Jeff
"Music...
This is the Favorite Passion of My Soul"
(Thomas Jefferson)
From: "Bob Silver" <bocabob@bellsouth.net>
Subject: ISO - a ticket to Yes 8/11, and FS 2 tickets to Ted Nuggent 9/7
Date: Fri, 9 Aug 2002 08:35:44 -0400
I'm in Search for a ticket (or two) to Yes! Live this Sunday at Mars Music
Amp in West Palm Beach, Fla
I need one in the front area of pavilion (sec 2) preferably, always makes
for better tapes ;) But could use two in order to bring a friend along!
And after hearing that Govt Mule will be making a journey south to
Gainesville on Sept 7th,
I need to sell two 5th row center tickets that I have for the Motor City
Madman, on that same day...Sept 7th in Pompano Beach!
Gather the memories and spread the love!!
Peace,
Boca Bob Silver
~~ )<///%> ~~~~ )><///%> ~~~~ )><///%> ~~
http://personal.lig.bellsouth.net/lig/b/o/bocabob/TAPELIST.HTM
http://www.thephilzone.com/
~~ )<///%> ~~~~ )><///%> ~~~~ )><///%> ~~
From: Mathias Rombach <rombachm@gmx.de>
Subject: Recording "PAULA" on the German Tour on autumn ?
Date: Fri, 09 Aug 2002 13:56:31 +0200
Hello,
is somebody intending to record "PAULA" (www.paulamusik.de) on the tour
in autumn this year ?
I try to get a recording permission for the concert in Karlsruhe on
October 24th. Otherwise: Stealth !
Mathias
From: Brendan Hoar <brendan@brendan.org>
Subject: Re: shoot, maybe it is illegal, dammit!
Date: Fri, 9 Aug 2002 09:16:05 -0400 (EDT)
> I was extremely surprised to find out that this is the case, but it
> seems like unauhtorized recording might actually be illegal. DAMN the
> Rye Aye Eh Eh and their pocketed legislators. I believe it has some
> holes in the language, but I am not a lawyer.
>
> >Please consult this link to the appropriate law. Stealthing has
> >been illegal since 1994.
> >
> >http://www4.law.cornell.edu/uscode/17/1101.html
I also am *not* a lawyer, and the following is *not* legal advice
but rather my own interpretation:
> TITLE 17 > CHAPTER 11 > Sec. 1101.
> Sec. 1101. - Unauthorized fixation and trafficking in sound
> recordings and music videos
> (a) Unauthorized Acts. -
> Anyone who, without the consent of the performer or performers involved
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Interesting, it seems to be contingent on the performer and not the
Copyright holder...
Note: many performers *tolerate* (even if they do not encourage)
taping. If the performer encourages or tolerates taping, then the above
requirement is not or may not be met, and the following cannot be
enforced.
Whether a blanket policy/statement covers you, or you are required to
obtain permission every time, I do not know.
> (1)fixes the sounds or sounds and images of a live musical
> performance in a copy or phonorecord, or reproduces copies or
> phonorecords of such a performance from an unauthorized fixation,
I have to assume "unauthorized" refers to the performer or performers
above as the authorizing party, so, even if a venue doesn't enforce
any anti-taping rules, the applicability is still based on permission
by the performer(s).
> (2)transmits or otherwise communicates to the public the sounds or
> sounds and images of a live musical performance, or
> (3)distributes or offers to distribute, sells or offers to sell,
> rents or offers to rent, or traffics in any copy or phonorecord fixed
> as described in paragraph (1), regardless of whether the fixations
> occurred in the United States,
I'm not clear on why (2) and (3) are separated out...perhaps (2)
means "without media" (typically broadcasting or replaying a
performance?) while (3) means "on media"?
> shall be subject to the remedies provided in sections 502 through
> 505, to the same extent as an infringer of copyright.
> (b) Definition. -
> As used in this section, the term ''traffic in'' means transport,
> transfer, or otherwise dispose of, to another, as consideration for
> anything of value, or make or obtain control of with intent to
> transport, transfer, or dispose of.
This seems to indicate that "traffic in" requires that you receive
something "of value" in return. This probably covers even B&P.
Goodwill for freebies might be debatable. :)
----
One area not mentioned anywhere above is venue rules, probably because
they have little to nothing to do with the Copyrights. I've seen artists
who tolerate or even encourage taping play at venues that specifically
prohibit any audio/video taping. I have stealthed in such venues before
but, after some thought, I am probably running afoul not of the above
Copyright law, but of *contract law* (or something similar) in these
situations (buying a ticket/being on their property, but disobeying posted
or otherwise dissemenated rules).
I've seen small venues ask people to return their equipment to their car
when discovered, but allow the people back in after doing so. Many large
venues have a "kick you out w/ no refund at our option" clause in their
ticket sales, so you'd (I'd) have no recourse there.
-brendan
From: "Matt" <matt@mattb.net>
Subject: ISO: Femi at the Fillmore
Date: Fri, 9 Aug 2002 08:56:20 -0600
Did anyone tape Femi Kuti at the recent Fillmore (SF) show? I was there
but couldn't tape. Great show, I'm hoping someone got their gear in. Lots to
trade, so drop me line if you can help. Thanks!
Matt
From: kindtaper@aol.com
Subject: ISO: Radiohead Benicassim broadcast
Date: Fri, 09 Aug 2002 10:55:30 -0400
I would love to find the recent Radiohead FM from Spain or any good sounding non-MP3 sourced recent show. Many recent masters to offer, so if you have one of the shows, e-mail me and I will send you a list.
Thanks,
Wes
Kindtaper@aol.com
From: "John Petroskas" <jpetroskas@operamail.com>
Subject: FS: spare DATs
Date: Fri, 09 Aug 2002 23:06:01 +0800
Hey all -
I 'd like to sell 67 DATs that I've converted to CD, and are now gathering dust: 42 Widespread Panic, 14 Grateful Dead, and 11 others. All tapes are high quality - Sony, Maxell & KAO. Buy 'em all for $120, and I'll pay for shipping & insurance. This is a great way to build a collection quickly. Email me for a detailed list, with all source info, if interested.
John
jpetroskas@operamail.com
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From: Paul Tumolo <ptumolo@haywire.csuhayward.edu>
Subject: Jorma and taping
Date: Fri, 9 Aug 2002 08:46:13 -0700 (PDT)
Two years ago, I had the pleasure of spending several days with Jorma (I
was touring with singer/songwriter lori b, doing sound for her; she opened
a number of shows for Jorma and we spent three days at the Fur Peace
getting things together and doing a little recording). We talked about a
lot of things and, one morning over breakfast, I brought up the subjkect
of taping. Jorma was decidedly pro taping (as long as there was no selling
of the tape). "It makes the fans happy." I doubt that he has changed his
mind.
However, be tween then and now, he has signed a new record deal. The
record company (columbia, if i recall corectly) may have a clause in that
contract prohibiting taping (I also own a record company- no Columbia- so
I know such clauses do exist; they don't in any of my contracts. PLEASE
tape my artists, we need all the help we can get). Regardless of his
personal feelings about tapeing, if he signed a contract with such a
clause, he is legally bond to honor it.
I am not in regular contact with Jorma, but lori is. I'll ask though her
if he currently has any problems with tapers.
-paul
From: JHudson199@aol.com
Subject: Pioneer DHS-5 96k deck $360
Date: Fri, 9 Aug 2002 11:47:06 EDT
I have a Pioneed D-HS5 deck with approx. 70 hours of use . This unit will
record in 44.1, 48.0 and 96k/16 bit. This unit is identical to the Tascam
da-20/Fostex d-5. This deck is gold in color and has s/pdif, optical, and rca
i/o.
This unit is in excellent condition and includes a Japanese to 110 power
converter and the original box. $360 includes ups ground shipping. E-mail me
for photos. I can accept visa/mc through paypal.com
Jon
From: "Fares Halteh" <Halteh3@rogers.com>
Subject: TAPED: Beth Orton @ The Phoenix - Toronto
Date: Fri, 9 Aug 2002 11:45:06 -0400
Taped this about 4 ft from the left stack, got a really nice clean signal.
The show sounds great, I did however manage to miss some of the show during
an ugly tape swap (long story). Anyways the show was taped using DSM6S mics
to an M1. A clip can be found at
http://members.rogers.com/halteh/paristrain.mp3
I'd love to trade for any other Beth Orton shows (or Leona Naess).
--Fares Halteh3@Rogers.com
From: "Hance, Bill" <BHance@BroadViewNet.com>
Subject: re: shoot, maybe it is illegal, dammit!
Date: Fri, 9 Aug 2002 12:00:04 -0400
A couple of interesting things I noticed -
1. The law apparently doesn't give a damn about the permission of the
performer's record label, manager, wife, ex-wife, or venue. Only the
performer or performer(s) consent is needed. Excellent ! :-)
2. strict interpretation of this makes it illegal to video tape the
halftime show of the super bowl, or even the singing of the national anthem
before any sporting event. they are live musical performances (although
barely - is lip syncing considered live? would stealthing Milli-Vanilli be
illegal under this law? hehe)
3. You left off sections c) and d), either of which could nullify the
entire thing:
BM_1101_c (c) Applicability. -
This section shall apply to any act or acts that occur on or after the
date of the enactment of the Uruguay Round Agreements Act.
BM_1101_d (d) State Law Not Preempted. -
Nothing in this section may be construed to annul or limit any rights or
remedies under the common law or statutes of any State.
-Bill
>From: acffh <morst@tds.net>
>Subject: shoot, maybe it is illegal, dammit!
>Date: Fri, 9 Aug 2002 01:17:32 -0500
>
>I was extremely surprised to find out that this is the case, but it
>seems like unauhtorized recording might actually be illegal. DAMN the
>Rye Aye Eh Eh and their pocketed legislators. I believe it has some
>holes in the language, but I am not a lawyer.
>>Please consult this link to the appropriate law. Stealthing has
>>been illegal since 1994.
>>
>>http://www4.law.cornell.edu/uscode/17/1101.html
>
>TITLE 17 > CHAPTER 11 > Sec. 1101.
>Sec. 1101. - Unauthorized fixation and trafficking in sound
>recordings and music videos
>
>(a) Unauthorized Acts. -
>Anyone who, without the consent of the performer or performers involved -
>
>(1)fixes the sounds or sounds and images of a live musical
>performance in a copy or phonorecord, or reproduces copies or
>phonorecords of such a performance from an unauthorized fixation,
>(2)transmits or otherwise communicates to the public the sounds or
>sounds and images of a live musical performance, or
>(3)distributes or offers to distribute, sells or offers to sell,
>rents or offers to rent, or traffics in any copy or phonorecord fixed
>as described in paragraph (1), regardless of whether the fixations
>occurred in the United States,
>shall be subject to the remedies provided in sections 502 through
>505, to the same extent as an infringer of copyright.
>
>(b) Definition. -
>As used in this section, the term ''traffic in'' means transport,
>transfer, or otherwise dispose of, to another, as consideration for
>anything of value, or make or obtain control of with intent to
>transport, transfer, or dispose of.
>
From: "Robert O'Haire" <plummer@nyc.rr.com>
Subject: stealth taping
Date: Fri, 9 Aug 2002 12:16:01 -0400
--
This is the law in New York.
MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED
ARTS AND CULTURAL AFFAIRS LAW
s 31.01. Unauthorized photographs and sound recordings of
performances
1. Definitions. The following words as used in this section
shall have the following meanings:
(a) "Performance" shall mean any presentation consisting in
whole or in part of a musical, dramatic, dance or other stage
rendition by living persons who appear in the immediate presence
of their audience.
(b) "Theatre" shall mean a concert hall, recital hall, theatre
or other auditorium in which a performance is rendered and
admission to which is limited by its management to persons
holding admission tickets or other written evidence of
permission to enter.
(c) "Management" shall mean: (i) the operator of a theatre;
and (ii) with respect to a particular performance, the person
hiring the theatre to present such performance unless such person
shall have agreed in writing with such operator not to photograph
or make sound recordings of such performance.
2. No person shall take any photograph or make any sound
recording of any performance presented in a theatre without
having first obtained the written consent of the management to do
so. The management of any theatre may maintain an action for an
injunction, an accounting, or for damages resulting from or in
respect of any photographs or sound recordings of any performance
made without the consent required by this section having been
obtained, or resulting from or in respect of any distribution or
attempted distribution of any such photographs or sound
recordings or reproductions thereof.
3. If any person admitted or seeking admission to a theatre in
which a performance is to be or is being presented, attempts to
bring into, or brings into such theatre any photographic or sound
recording device without having first obtained the written
consent of the management to do so, such management shall have
the right to request and obtain possession of such photographic
or sound recording device until the conclusion of such
performance. The management shall give a receipt for such
device, and shall be liable for any damage to such device or loss
or theft of such device while in their care.
4. If any person admitted or seeking admission to a theatre in
which a performance is to be or is being presented, refuses or
fails to give or surrender possession of any photographic or
sound recording device which such person has brought into or
attempts to bring into such theatre without having first obtained
the written consent of the management to do so, then the
management shall have the right to remove such person therefrom
or refuse admission thereto to such person, and shall thereupon
offer to refund and, unless such offer is refused, refund to such
person the price paid by such person for admission to such
theatre. If such person refuses to leave such theatre after
having been informed by the management thereof that possession of
any photographic or sound recording device in such theatre
without the written consent of the management is prohibited, then
such person shall be deemed to be remaining in the theatre
unlawfully within the meaning of subdivision five of section
140.00 and section 140.05 of the penal law, and in addition, the
management shall have the right to maintain an action in trespass
and for punitive damages against such person.
5. The criminal penalties [i.e., trespass-DE] and civil
remedies provided by this section shall be without force or
effect unless the management of the theatre shall have posted
signs at the box office and at or near the audience entrance to
the portion of the theatre wherein the performance is to be
presented and printed in any program which may be furnished to
the audience for such performance, stating in substance as
follows:
WARNING
The photographing or sound recording of any performance or the
possession of any device for such photographing or sound
recording inside this theatre, without the written permission of
the management is prohibited by law. Offenders may be ejected
and liable for damages and other lawful remedies.
From: Tony <verity@usol.com>
Subject: taping at the Detroit State Theater
Date: Fri, 09 Aug 2002 12:20:21 -0400
hi,
has anyone on here recently taped at the state? i'm wondering what the
door procedure is.
thanks,
-tony
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