Rights
Limited Flag: LimSongs
On January 18, 2004 Damien Rice mgt provided their OK for the hosting of live fan recorded shows at archive.org WITH IMPORTANT RESTRICTIONS (please read details below):
Re: is it cool to share freely fan-recorded Damien shows at archive.org?
Bernadette replied: "Hello tyler, To clarify, having had a further conversation with damien about it, he is happy for live recordings of all the following songs to appear on any NON COMMERCIAL fan swap\trade sites. As he continually introduces other new (and as yet, unrecorded in studio) songs into the live set, damien has requested that only songs that have already been recorded and released appear on any sites (both live, radio sessions and all other sites). This is so people will not get too familar with live versions of the songs and have preconceived ideas about the forthcoming studio version\and\or become too accoustomed to the live recordings .
**The songs that we are happy to have on sites are**
Delicate
Volcano
Cannonball
Blowers daughter
Aimee
Cold water
Older chests
I remember
Cheers darlin
Eskimo
Prague
Silent night
Childish
Woman like a man
The professor
To date, in all honesty we have not asked tapers to do this as we were still getting our policy clear. We are going to be clearer henceforth. Our website will shortly display the above policy and we plan to be more active in policing sites.
Obviously we greatly appreicate the suppport of fans, both who go to the shows and who tape\swap etc. Hope this clarifies it for you and appreciate your respect of Damien's wishes.
Thanks in advance for your cooperation.
Best
Bernadette"
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Furthurmore, a fan then raised the following two questions after the policy was posted:
1. would covers be excluded from the list of songs that can be hosted from a show? I have seen a few setlists where Damien plays covers. I know they are not on the list of songs that his manager gave us, but I just wanted to see if that is ok.
2. Second, I was wondering if a show is uploaded with certain tracks cut from the recording, would it be ok to upload those songs once they have been made into a studio recording and released? Also, would I be able to delete the previous recording and have the new one with the new tracks when they come out?
Damien Rice mgt replied: "Yes , fine on both accounts tyler."
she went on regarding covers: "we don't have any rights to publishing on other peoples songs who whomever is uploading will need to get clearance from the copyright owners directly as we have no rights to the same. Its only on clearance of all copyright on all songs that its fine to upload and I'd like such statement put on the site.
We are putting our full policy together and will be in touch shortly
Thanks"
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In following with the above policy, when you import your live Damien shows, you need to cut out songs not allowed to be there. Remember, ONLY the above songs are allowed to be shared here on the archive and in other avenues of show swapping.
To include a show on the archive, you have to do several steps to follow the bands' wishes and preserving the overall solidity of the live recording. The steps are these:
Before you upload and make public the show, clean up your file names and the md5 checksum file.
For example:
If the setlist of a show was like this:
d1t01 - Silent night
d1t02 - Childish
d1t03 - A new song NOT on the above OK'd song list
d1t04 - Blowers daughter
You as the uploader cut out the NON-ok'd song, track 3. Remember to change the file names of the remaining tracks so that the future listeners aren't confused why the track numbers jump:
example:
drice2003-11-06d1t01
drice2003-11-06d1t02
drice2003-11-06d1t03 <-- **CUT**
drice2003-11-06d1t04
becomes ...
drice2003-11-06d1t01
drice2003-11-06d1t02
drice2003-11-06d1t03
don't forget to also change the file names in the md5 file so that the checksums run cleanly. To do this, right click the md5 and choose 'edit':
4be1ea85e786b15eccf8b1f02c21b9b7 *drice2003-11-06d1t01.shn
55a990cd1ca13933f3a024a3d78ee875 *drice2003-11-06d1t02.shn
d62b2f52421028818b90ed1530e8a5f5 *drice2003-11-06d1t03.shn <-- **CUT**
6a8a5ad404306392e9ac2b8a33f426c4 *drice2003-11-06d1t04.shn
becomes:
4be1ea85e786b15eccf8b1f02c21b9b7 *drice2003-11-06d1t01.shn
55a990cd1ca13933f3a024a3d78ee875 *drice2003-11-06d1t02.shn
6a8a5ad404306392e9ac2b8a33f426c4 *drice2003-11-06d1t03.shn
and lastly, in the setlist .txt file change the song numbering so it matches your files. Note in the notes that some songs were cut out by request of the band.
That's it! Upload away after this is all done. Spread the music and support local bands and local music!
And make sure to support Damien and buy tickets to his live shows, t-shirts and the merch booth, and buy "O" at your nearest favorite indie record store or huge chain.
