Fone, thats great that you donate to Mockingbird! We seek to increase the amount by making all the items on the blog couple in a donation to Mockingbird. We have raised nearly $2000, all by buying art, plus some auctions and other donations! So thank you and keep it up
As for your question on the products being sold, all of these items are NOT sanctioned by the band. This is not needed, as over the course of creating PhanArt, we retained a lawyer, met with Phish’s lawyers, went over what was and was not ok, and stuck within those guidelines for the book, as well as advised those who take part in the blog what they should and shouldnt use in their art to draw the ire of Phish. We even posted a few notes of this on the blog
phanart.net/blog/?p=983
phanart.net/blog/?p=748
phanart.net/blog/?p=326
While you think the band should be receiving royalties for a Fluffhead hat or shirt, I have to respectfully disagree. For one, the band does not seek to alienate their fans by being greedy over licensing issues. Second, the word ‘fluffhead’ is not trademarkable, not could it be copyrighted. It is a word and it is Fair Use (per the copyright act) to be used in this instance.
Now if you put the word Fluffhead inside the Phish Logo, you are asking for trouble. The logo is a copyrighted design and has protections. Words like Fluffhead, Simple, Jibboo or Maze do not.
So if the band makes money, then the poster show is ok to keep on this website? If Trey isnt making a buck a shirt, then its not ok? did this website become Phish Inc. property?
Yes, the balance is in our favor. The boys come out, play 2 and a half hours and then go on the road to the next place. We get a GREAT deal. should we be leveling the playing field? no. That would make Phish Dave Matthews Band. Thats not what we want to turn into.
If you want to buy goods from Dry Goods, that is fine. I choose to buy something from them every so often, but to expect fans to chip in more than we already do is an unfair statement.
You dont like fans making money on art or anything, how do you think the community is able to make it from show to show, to fund their tour? this is the equivalent of a bazaar or open marketplace that travels with the band. Avoid the logo, the word Phish and the likeness of the band members, and you’re fine. Everything else is fairgame, and even Phish admits that much.
Heck, they even have the legal precedent from this from a court case in the late 1990s. Its not harming anyone to make a shirt that says YEM in the IBM logo. Not the band, or anyone. In fact, Trey and the others have worn lot-art/phanart on stage during shows. I’m pretty sure they werent worried about kickbacks for the chance to be creative, sell a shirt, and make a few bucks that will go to gas, tickets, etc…
On that note, what if the shirt or art someone made was used SOLELY to pay to see Phish? Is that ok? they are using the money in this case to go directly into the show, and then sell some shirts or art because they want to see the band. Its a tough economy, so if you have a talent and can make some art, I say do it.
I can guarantee you that no one on the blog is sending a check to Phish, Phish Inc, JEMP, Red Light, Music Today, or anyone affiliated with the band. This is a fan based thing. We are within legal boundaries here. I’m sorry we dont see eye to eye, but promoting an art show where fans can check out some great art and raise some funds for Mockingbird is well worth it.
You can resist promotional attempts, but thats not what it is all about. Just ignore any topics like this.
And stop by and say hi in the lot, i do like to hear the other side of things like this. But i cant see why we should give the band a cut of what we make, when they dont have a problem with us selling art.