[cc-community] ASCAP VS CREATIVE COMMONS
Fred Benenson
fred.benenson at gmail.com
Thu Dec 21 09:20:20 EST 2006
Fascinating. Such Fear, Uncertainty and Doubt here.
ASCAP seems to be missing the point that Creative Commons builds on top of
copyright, and while Lessig's books are copyrighted, so is virtually every
other cc-licensed object. All it does is explicitly define what rights the
artists are looking to preserve beyond copyright.
Another piece of FUD here: conflating "music" (one track) with "music" (your
oeuvre). In other words ASCAP makes it appear that if you decide to go for
CC once then you must license *all* your work under CC forever. This is
plainly not the case as cc licenses apply to individual works and they, too,
are non-exclusive, just like ASCAP claims to be. Which leads to another
confusing point by ASCAP: it would seem that collecting royalties under via
ASCAP with a CC licensed track (BY-NC perhaps?) would be something they'd
object to, when, as far as I can tell, since they're both non-exclusive
licenses, it wouldn't be a problem.
Still, interesting that they're resorting to the ole' FUD line then anything
else. That means we must be doing something right.
F
PS: Can I forward this to the cc-community/cc-licenses list?
On 12/21/06, Elizabeth Stark <estark at law.harvard.edu> wrote:
>
> <-----Original Message----->
> >From: Benjamin Sisto
> >Sent: 12/20/2006 11:50:25 PM
> >To:
> >estark at law.harvard.edu;wilbanks at creativecommons.org;driscollkevin@
> gmail.com;thwang at fas.harvard.edu;antalliance at gmail.com
> >Subject: Re: [POSSIBLE SPAM] ASCAP VS CREATIVE COMMONS
> >
> >Round one, fight!
> >From board.lemmingtrail.com
> >
> >
> >
> >Hi Benjamin,<-------- (not me, ben sisto..someone else)
> >
> >ASCAP, BMI and SESAC are all Performing Rights Organizations (PRO's). The
> basic
> >function of all of us is to collect royalties for artists when their
> music is
> >performed on the radio, film, TV, internet, etc.
> >
> >ASCAP is the oldest and strongest PRO in the world. When you join ASCAP,
> you
> >join for 1 year terms (meaning you can resign each year if you want).
> We're a
> >not for profit company and have the lowest operating costs in the States
> and
> >amongst the lowest in the world. When you join, you become a member and
> have a
> >say in how we operate. It's free to join and there are never any dues to
> pay.
> >These points are NOT all true for either BMI or SESAC.
> >
> >I know a lot of bands from Boston like the idea of Creative Commons and
> aren't
> >sure how PRO's play into it. Here's what you should know, if you join
> ASCAP,
> >it's a nonexclusive agreement. Which means, you tell us if/when you want
> us to
> >collect your $. So, if you choose to give your music away for free, just
> let us
> >know. It's your music and we want you to do what you want with it. If you
> want
> >us to collect your money, just let us know and we will. So, you really
> have the
> >option to choose on your own.
> >
> >Please be aware though, that if you take the route of Creative Commons,
> there's
> >no turning back. You have just given away your music for free, forever.
> You
> >can't later change your mind and decide you want to make royalties.
> Creative
> >Commons is really controversial and so misunderstood by so many that it's
> hard
> >to know exactly what you're getting into. Lawrence Lessig is the man who
> is
> >pushing the concept and has written books about the subject, but it's
> >interesting that his books are copyrighted, published and earn money just
> like
> >songs do.
> >
> >Anyway, best of luck on whatever you decide!
> >
> >Cheers,
> >
> >XXXXXXXXXX
> >
> >--
> >Benjamim Sisto
> >617 784 6115
> >ben.sisto at gmail.com
>
--
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