DC6 LP Restoration praised by artist member!

[DJBohn]

A couple of months back, a friend of mine asked me to do a restoration of a 1972 Stereo LP done by a local American Native Family Gospel singing group. The record was originally recorded at a studio in Nashville. Although this is not a top selling national LP (just kind of a local thing), they did however sell quite a few records in north central Minnesota at the time. The restoration turned out so well, I sent a copy to one of the members of that original group who just happened to be an old classmate of mine. He was very impressed with my restoration and suggested I send a copy to his dad, the lead singer of the original group. I did just that over the past week and included a letter suggesting that an eBay listing in both the Native & Religious catagories could re-generate sales of their old music. I have not received a reply yet, but wouldn't be surprised if his family may seriously consider re-issuing the recording on CD from my restoration (if the original master tape is no longer available). I will post an update to this thread should I get some good news...

[Geebster]

EXCELLENT!!!

I always get a kick out the reactions of people that hear a restored version of a priceless recording. We, in this group, I'm afraid sometimes take for granted at how good a job the Diamond Cut Products do at such a task.

Kudos to you DJ and also to Diamond Cut.

GB

[Geebster]

Hmmm.

This brings up a legal question, that may arise. If, let's say a recording gets restored by a Diamond Cut product and then gets released for sale is there anything special we have to do? Like give a disclaimer on the CD cover, such as " Contents restored by DC-6" or something similar?

Because I, too, have worked on a couple of recordings that MAY see the light of day again as a re-release that I used Diamond Cut products on.

I think Diamond Cut should get the credit they deserve in such an instance.

GB

Craig/Rick: Do you accept payola?????

[Dan McDonald]

I released a group of CDs into public domain a few years ago (3 of them) - They were Edison cylinders and other 1900s era stuff I had transferred. I put a text note about each of the artists, and the original record label and number (if there was one), and just put a note that I used DCx (I don't recall which version it was) to do the restoration. I know several hundred people got copies of them at the time. I didn't sell it - just let it go through some of the free music channels. About a year ago, someone 're-released' it. It's kind of fun to see that happening.

Dan

[Craig Maier]

Quoting Geebster:

"If, let's say a recording gets restored by a Diamond Cut product and then gets released for sale is there anything special we have to do? Like give a disclaimer on the CD cover, such as " Contents restored by DC-6" or something similar?"

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While I am not a lawyer, I recall that when we had the license agreement drawn up for the Diamond Cut product line, it did not include the mentioned requirement. As I recall, that was intentional and not by accident. I do know that there are a lot of high sales volume audio products out there on the market that used Diamond Cut for their restoration work that did not mention the company by name.

Of course, we always appreciate if someone chooses to mention our products by name in their releases. Again, I do not believe that it is a legal requirement, however.

keyword: License Agreement

[Craig Maier]

I do not know if this will clarify things, but here is a copy of the License Agreement found in the DC6 and Live 6 Forensics Version of the Diamond Cut Software. The only thing that it is guaranteed to do is to put you to sleep:

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This is a legal agreement between you, the end user, and Diamond Cut Productions, Inc.* (Diamond Cut Productions).* The enclosed Diamond Cut Productions software program (the SOFTWARE) is licensed by Diamond Cut Productions for use only on the terms set forth herein.* Please read this license agreement.* Installing this software indicates that you accept these terms.* If you do not agree to these terms, please contact Diamond Cut Productions or its representatives within 30 days.



*
GRANT OF LICENSE.* Diamond Cut Productions grants to you the right to use one copy of the enclosed* DC Six/LIVE SOFTWARE on a single terminal connected to a single computer (i.e. single CPU) or to a network server.* If you install the SOFTWARE on a network server, you must purchase a separate copy of the SOFTWARE for each computer terminal that will be used to operate the SOFTWARE.

GRANT OF NETWORK LICENSE. If you are acquiring a version of the SOFTWARE specifically intended for network use, Diamond Cut Productions grants you the right to use the SOFTWARE on a LICENSED COMPUTER NETWORK as provided below. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A LICENSED COMPUTER NETWORK is a computer network for which you have acquired and dedicated at least one (1) Diamond Cut Productions standard version of the SOFTWARE (which can run stand-alone or as a network server). For additional users to use the SOFTWARE on the network you must acquire a WRITTEN LICENSING AGREEMENT from Diamond Cut Productions indicating the number of users expected to be able to use the SOFTWARE. You may have as many copies of the SOFTWARE in simultaneous use on the network as is specifically authorized in the WRITTEN LICENSING AGREEMENT.

COPYRIGHT. The SOFTWARE is owned by Diamond Cut Productions and is protected by United States copyright laws and international treaty provisions. You may either (a) make one copy of the SOFTWARE solely for backup or archival purposes provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE provided to you, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.

OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.

GOVERNMENT LICENSEE. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply:

The Government acknowledges Diamond Cut Productions representation that the SOFTWARE and its documentation were developed at private expense and no part of them is in the public domain.


The Government acknowledges Diamond Cut Production's representation that the SOFTWARE is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that:
(i) If the SOFTWARE is supplied to the Department of Defense (DoD), the SOFTWARE is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the SOFTWARE and its documentation as that term is defined in Clause 252.227-7013 (c) (1) of the DFARS, and

(ii) If the SOFTWARE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the SOFTWARE and its documentation will be as defined in Clause 52.227-19 (c) (2) of the FAR.

RESTRICTED RIGHTS LEGEND. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Diamond Cut Productions, P.O. Box 305, Hibernia, NJ 07842-0305.

EXPORT LAW ASSURANCES. You acknowledge and agree that the SOFTWARE is subject to restrictions and controls imposed by the United States Export Administration (the "Act") and the regulations thereunder. You agree and certify that neither the SOFTWARE nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purposes prohibited by the same.

GENERAL. This Agreement will be governed by the laws of the State of New Jersey, except for that body of law dealing with conflicts of law. Should you have any questions concerning this Agreement, or if you desire to contact Diamond Cut Productions for any reason, please write: Diamond Cut Productions Customer Sales and Service, P.O. Box 305, Hibernia, NJ 07842-0305.

NUMBER OF COPIES LICENSED. If you have not purchased a license that authorizes use of the Software on multiple computers or by multiple individuals, then you are authorized to use ONLY a single copy of the Software on a single computer. Only ONE copy of the Software may be created for archival or backup purposes. All copies of the Software MUST include the Diamond Cut copyright notice and other legal notices.

TERM. This license is effective from your date of purchase and shall remain in force until terminated. You may terminate the license and this License Agreement at any time by destroying the Software and the accompanying documentation, together with all copies in any form.

LIMITED WARRANTY. Diamond Cut Productions, Inc. warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. Diamond Cut Productions, Inc. entire liability and your exclusive remedy shall be, at Diamond Cut Productions option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet Diamond Cut Productions Limited Warranty and that is returned to Diamond Cut Productions with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These remedies are not available outside of the United States of America.

NO OTHER WARRANTIES. Diamond Cut Productions, Inc. disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and any accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from sate to state.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Diamond Cut Productions, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Diamond Cut Productions, Inc. product, even if Diamond Cut Productions, Inc. has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages the above limitation may not apply to you.

[Geebster]

Thanks, Craig. That clears it up quite nicely.

It may not be a requirement to do so, but I think it would be pretty crappy of somebody to use the software, and all of it's tools and not make some mention of it somewhere on the CD or booklet. Without it, the release wouldn't even remotely sound the same. Anyhoo, that's my take on it.

GB

[Craig Maier]

We appreciate the ettiquette that you espouse, but it is my observation that most companies do not list the software used in their restorations. The way that we know about these companies and their use of it for various projects is via our customer support system.

Again, it is always appreciated when we are mentioned in the liner notes.

[DJBohn]

I can see where that would be kind of a "Catch 22" thing. It wouldn't bother me in the least to list DC-6 as the software used in any of my restorations. But I can understand someone who was trying to make some income from their work using the software may not wish to do so for fear of lost profits, believing that any old Tom, Dick or Harry may notice that credit to DC products and figure they could restore their old records the same way, rather than purchase a CD of someone elses work. But that practice in turn could result a reduction in sales of the DiamondCut software, which could limit or prolong advancements in the software. Which is the lesser of the two evils? My take on it is from this angle. A person can purchase the software, but the use of it is going to involve a lot of study and practice, resulting in both hits and misses. Even after years of experience, I (and I'm sure most of you as well) still have "Problem Music" every once in a while, and it can be frustrating. And that's not even mentioning the patience one needs to do it, and do it right. Thanks to the dangers on the Internet (worms, viruses, crashes, etc.), the patience of most people with computers is already worn pretty thin. Because of all that, I wouldn't think twice about mentioning DiamondCut in the CD insert. If they want to try the software for themselves, more power to them! For years, many artists have opted to list in their released music all of the equipment they used to come up with their special sound, right down to the recorders & even the microphones. But it doesn't mean everyone is going to go out and buy everything the artist used to do the same thing or to get the same sound. I think we should all mention DiamondCut in our work, as it would be better for all of us in the long run. Increased sales of the software would promote technical progress in it. And that's a good thing!

[Geebster]

Yeah, I remember the days when it was quite common to list all the equipment used in the making of an album, which isn't done much anymore. Rushing out and buying DC-xx, just because it was listed on a CD sleeve, makes as much sense as me rushing out and buying an Eric Clapton model guitar and expect to sound like him!!!

At first (and sometimes still does) it frustrated me that I couldn't get "professional" results from Diamond Cut products with an old, worn or badly produced piece of music in 5 minutes; but now I like the fact that it takes a fair amount of skill and practice to get optimum results.

I still marvel how much I have progressed in my skill level over the years with the products. I listened to one of my first restorations I did many years ago with Diamond Cut recently. I remember that it took many hours to get that record restored, and even then, it was far from perfect. I decided to re-restore it, and I got better results in less than half the time this time and without a headache!!!!

I wouldn't hesitate listing Craig, Rick and Diamond Cut on an CD cover if I used their product to restore a recording. I don't expect everyone to adhere to this feeling, but in my book, that would be the right thing to do.

GB