Hi Travis,
I am not a lawyer, but here is my take on this situation : It is a grey area. In these days when an advanced mobile phone can make a decent sound recording it is perhaps not practical anymore to try and prevent people doing audience recordings of concerts they go to. In years past such recordings were sold for a profit - under the title "bootlegs". Nowadays - both on and off-line sharing of such recordings has become a tradition in the fan circles of just about any major artist. As long as they are not being sold for a profit there is no known tradition of artists trying to prevent this kind of activity. They know that it would mean lashing out at their dedicated fan base - the same guys that purchase all there official releases - and artists know that there is no advantage in this. Some artists - like eg Mark Knopfler and U2 -have stated officially that they approve of audience recordings, most just tolerate it silently, some state that they don't aprove of it, but I don't know of any law suits. I hope this was not more confusing then helpful. I suggest you do about it what you feel is right for you.
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