[cc-community] ASCAP VS CREATIVE COMMONS
Mia Garlick
mia at creativecommons.org
Fri Dec 22 19:09:30 EST 2006
just to note one minor correction:
On Dec 22, 2006, at 3:54 PM, Bjorn Wijers wrote:
> Drew/Paul et al,
>
>>
<cut>
>
> The current situation would be:
>
> 1) An artists cannot use a CC license AND be a member of a collecting
> society, at least in The Netherlands and as far as my (limited)
> knowledge goes this is the same for the rest of Europe (Although I
> belief the UK is different in this).
the UK is not different. the situation in the US is different.
>
> 2) The collecting society will collect the money and distribute it
> among
> their members. So the CC-BY and CC-BY-SA artists will not see a penny
> back. Again this is the situation in the Netherlands. It is getting so
> bad that I know of several bands and musicians that were using
> Creative
> Commons licenses (Silece is Sexy, Feverdream etc) and stopped using it
> because of this situation. Although these bands would love to keep on
> using CC.
>
> 3) It seems even venues usually pay a blanket license (stil
> researching,
> so I'm not certain yet) and thus the CC artists get less money when
> performing than a non-CC artist.
>
> As I mentioned already, I'm currently researching this because we
> (Simuze.nl) fear that CC will become only something music creators
> will
> use when they are die-hard CC believers in the Netherlands. Only these
> artists are willing to accept the fact that they will not get the
> money
> a collecting society is collecting 'on behalve' of them.
>
> Basically using CC licenses with music is a lot harder than just
> sticking with the old system. Even when bands or artists are actually
> quit fond of the whole CC concept. This needs to change if CC is to
> stay
> 'alive' in the Netherlands (and perhaps the rest of the EU too..).
>
> I would greatly appreciate some input on this from other (EU)
> countries
> as I'm currently writing an article about the Dutch situation and I
> would like to connect the Dutch situation with other (EU) countries.
>
> ps: If I've made any erors in this I would like to know this as well,
> off course. I'm not a lawyer, just a music geek ;)
>
> grtz
> BjornW
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