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 _________________________________________________________________ MSN Photos is the easiest way to share and print your photos: http://photos.msn.com/support/worldwide.aspx
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 -- _______________________________________________ Download the free Opera browser at http://www.opera.com/ Free OperaMail at http://www.operamail.com/ Powered by Outblaze
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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