[cc-community] ASCAP VS CREATIVE COMMONS
tomislav medak
to-me at mi2.hr
Fri Dec 22 19:59:54 EST 2006
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well, the CC-people in macedonia have told me that this is not the case
there, and that there are two CSs at the moment - with the new
contesting the older one.
and someone who has read the bosnian copyright law told me that there is
also no statutory monopoly there (though there's at the moment only one
CS doing work for all forms of expression).
tom
Bjorn Wijers wrote:
> 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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>>> cc-community at lists.ibiblio.org
>>> http://lists.ibiblio.org/mailman/listinfo/cc-community
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