[cc-community] ASCAP VS CREATIVE COMMONS
Bjorn Wijers
mailings at bdisfunctional.net
Fri Dec 22 04:19:19 EST 2006
Excuse me, but could someone explain what the acronym ARR stands for?
drew Roberts wrote:
> I have been pondering the possibilities of putting BY-SA works up with
> collection agencies for a whaile now.
>
> Would it be possible for the CC licenses to have a clause that states that if
> you use the work and the work is with a collection agency, then you can
> either pay as per your agreement, or you must make individual exemption
> claims for each use? Assuming you are an entity wich would need an agreement
> with said agency.
>
> The example I am thinking of is a radio station that plays ARR and CC works.
> They can frget the hassle and pay to use the Free works, or they can report
> the individual uses and claim an exemption for them? Something like that.
>
> I haven't thought this all through yet, but it seems like a decent time to
> bring up the thought for people to discuss / chew on.
>
> Of course, this would only apply to BY and BY-SA works with respect to
> commercial uses.
>
> all the best,
>
> drew
>
>
> On Thursday 21 December 2006 09:20 am, Fred Benenson wrote:
>> 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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