[cc-community] ASCAP VS CREATIVE COMMONS
Paul Keller
paul at waag.org
Sat Dec 23 08:03:12 EST 2006
dear joi et al,
(i should have know better than entering into this discussion just before
heading somewhere where my only access is through somone elses machine on
dailup (the fact that macbooks have no built in modem sucks) so this is
likly my last contribution before the 27th or so...)
> Mia, is the US the only country that is allowing this?
>
> Basically, the argument that I heard was that because most rights
> collection agencies do a blanket fee. Therefore the cost of dealing
> with venues saying, "I only played songs that were CC licensed" or
> artists saying, "I'm only licensing these songs from that album"
> would be high and add a great deal to the complexity. What are the US
> rights collection agencies doing different that allows them to have
> artists use CC licenses?
it is not really that they voluntarily allow use of CC licenses, they are
forced to do there. this is a consequence from the struggle between BMI
and ASCAP in the 50s which ended in consent decrees barring both of them
from asking exclusive rights from their members/associated artists. as the
transfer of rights is not exclusive artists can use non-exclusive cc
licenses alongside the revenue collecting services of the CSes. in Europe
and pretty much elsewere in the world the CS (and yes drew, the monopolies
they have have the blessings by national goverenements and competition
authorities)the collecting societies demand exclusive assignment of rights
in the entire repertoire from their members in order to reduce complexity
and to strenghten their bargaining position and as such artists who are
members cannot use CC licenses simultainiously....
best, paul
>>>
>>> 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.
>
> --
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