What is and isn’t legit to sell on Phish lot

So many people sell things, and so many people want to sell things on the lot. But what is legal, what is legit, what is illegal, what is illegit, what is 2 legit 2 quit, and what is safe for all? We go over in great detail the things you can and cant sell on lot.

(Note – this does not serve as any sort of 100% iron-clad, use-as-defense-in-court sort of advice – this is based upon the opinion on many dozens upon dozens of artists, fans and average brahs that have sold something on the lot. we still recommend you proceed with caution – each venue and town is unique and we cannot take that into account)

What you can sell almost always:

Water, light food, things that are easily disposable or pose no threat to local businesses – for example, if there was a grilled cheese store, you wouldnt want to sell grilled cheese outside of it. Ditto with selling beer and water outside a convienence mart – its risky, but typically you dont get hassled.

also, things like lighters, cigs, clothing that isnt Phish related (see below) and generic stuff that isnt at ALL Phish related

What you can sell sometimes:

Phish related Lot shirts, Show Posters, Stickers (almost always ok), larger arrangements of food (Russo’s French Bread Pizza and larger Shakedown vendors), typically beer, but it is recommended that you be 21+ and for the love of god, 1 for 3, 2 for 5!

What you should never sell on the lot:

Children

A Dodge Dart

Religion

Snuggies

Jerry’s ashes

Nitrous – seriously, it’s a bit out of hand

What you can not sell on lots:

Phish posters or shirts that have any of these on them and a word on each:

The band’s name, as it is trademarked and as such, the name cant exactly be put on posters or shirts without the band having their name infringed upon. As such, using the band’s name is risky. We do not advise it, as most of the busts seen this summer by venue security and/or Phish staff was related to this. Or the least creative idea….

The logo.  Why use the logo? This is the design (supposedly) created by Trey and is iconic. Do you really have to manipulate the logo to be creative? This is an automatic non-starter. I highly suggest NOT using the logo, or even the outline.  Why? Because it’s unoriginal and ripping the band off directly. These are the items most often confiscated in our experience, and no, we have not used the logo. We didnt even accept the logo for PhanArt: The Art of the Fans of Phish, but boy oh boy, there were a lot of bad ripoffs submitted.  Use of the logo is the least creative idea, and is definitely grounds for confiscation of your lame-idea-turned-moneymaker. Don’t bother. Seriously.

Photographs of the band, whether close up or from far away. Phish does not allow any commercial use of band or band member names, images or likenesses without permission. That includes sale and/or commercial use of photographs.

Lastly, the band’s likenesses. This is a gray/grey area that I discuss, but I understand that it’s the band member’s image that is in question.  If it is tasteful, sure. If it is vague (see below), awesome! If it is a picture of the band from a promo photo, then again, that is unoriginal.

If you can avoid those three things, you shouldnt have a problem.

Also, we here at PhanArt do not condone the sale of bad drugs, fake drugs, or drugs that make your face melt when the music isn’t even playing. Please, use substances responsibly, and in a manner that doesn’t ruin anyone else’s  good time, or your good time for that matter.

5 thoughts on “What is and isn’t legit to sell on Phish lot”

  1. i got busted by undercover cops and thrown in jail for the weekend for selling cigs at the Brooklyn shows in 04. I got charged with “Possession of Untaxed Cigarettes.” That was fucky.

  2. I try to design shirts that are original designs and concepts. I do not believe in ripping off other people’s work. Whether that be a logo, character, image, song title, lyric, or someone’s likeness (be it the band or otherwise). That is my personal preference. (Even though I go into my own gray area. Ha!)

    Thanks, Pete. Great article.

    I hope everyone has a great fall tour!

  3. in regards to the band’s likeness, can u talk more about the grey area? What about online sales for shirts as well?

    1. this is best served with a full on blog post, but simply put – if it looks like trey, page, mike, or jon, its not legit. if its VAGUE and you cant tell who it is, that another thing. just gotta be careful.
      i dont have final say in this, mind you. this is just what i learned in putting the PhanArt book together, and from what i have learned from others.

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