[cc-community] webcasting doubts

Gavin Baker gavin at gavinbaker.com
Sun Dec 2 13:26:15 EST 2007


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Ujjwal Grover wrote:
> Hi,
> 
> I am involved in a creative commons audio startup in India called,
> TempoStand <http://tempostand.com>. It promotes independent music in
> India. We are working with a large number of bands who are producing
> original music. We have three music studios in India, where we record
> their music and all our music is CC-BY-SA.
> 
> We are trying to get into the domain of live webcasting of college
> festivals music events. We did one such event earlier this year
> <http://www.tempostand.com/webcast>. We are planning to do one more
> event in December. I was wondering if we can webcast an event in which
> the bands sing covers of other bands. In fact I am not sure if I should
> be asking this here or the bands whose covers are being played, forgive
> me if I am not asking the right people.
> 
> In short my query is, can a copyrighted song, sung by some other band be
> webcasted and licensed as BY-SA?

Hi Ujjwal,

Unfortunately, I think the answer is no.

There are two rights involved in recorded music: the composition and the
performance. I recall having seen statements to the effect that the CC
licenses require the rights to both the composition and the performance.
Here, you have the rights to the performance, but not the composition.
(I can't find a link to cite this statement; can anyone provide a link?)

N.B. You can Webcast the performance if you license the composition
right from the copyright holder. In some jurisdictions, this is a
compulsory license: they have to grant you permission if you pay a flat
fee. This refers only to your right to broadcast, not to apply any CC
license.

> Regards
> Ujjwal Grover
> 
> Lead Operations
> TempoStand.com <http://tempostand.com>
> +91 93410 11050

Regards,
- --
Gavin Baker
http://www.gavinbaker.com/
gavin at gavinbaker.com
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