[cc-community] ASCAP VS CREATIVE COMMONS

Bjorn Wijers mailings at bdisfunctional.net
Fri Dec 22 19:45:48 EST 2006


Thanks Mia!

So all of Europe has the same issue than?

Mia Garlick wrote:
> 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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> 
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