[cc-community] ASCAP VS CREATIVE COMMONS
David Woolley
david at djwhome.demon.co.uk
Thu Dec 28 14:47:11 EST 2006
> the UK is not different. the situation in the US is different.
My understanding of the UK position, and note that this is just an impression
from a quick read of the legislation and various web sites, is that the
legislation establishes that, for material published in certain countries,
"all rights reserved" in a copyright notice implies an implicit licence to
use the work if you've paid the appropriate fee to the appropriate
rights society. The legislation allows publisher to explicitly opt out,
but this must be explicit.
I don't know if the rights societies impose additional restrictions
about all works by an author being covered, but I don't believe that
such requirements are imposed by any law except that of the contracts
between the creator and the rights society.
The rights societies are generally companies limited by guarantee, which
means that they do not issue dividends and are therefore "not for profit".
This is the normal company type for not for profit organisations.
My understanding is that they use market research techniques to try and
work out how much each author's work has been used and therefore how to
apportion the fees.
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