[cc-community] ASCAP VS CREATIVE COMMONS

Mia Garlick mia at creativecommons.org
Sat Jan 6 13:42:11 EST 2007


and as you can see from the list of submissions (link provided  
below), Creative Commons did make a submission as part of this  
consultation but the nature of our submission had to be limited  
because the scope of the consultation was only tangentially and  
minorly related to the issue of conflict between CS membership  
requirements & CC licenses

http://forum.europa.eu.int/Public/irc/markt/markt_consultations/ 
library?l=/copyright_neighbouring/cross- 
border_management&vm=detailed&sb=Title

On Jan 6, 2007, at 5:16 AM, Peter Brink wrote:

> drew Roberts skrev:
>> On Friday 05 January 2007 03:53 pm, Terry Hancock wrote:
>>> drew Roberts wrote:
>>>> On Friday 22 December 2006 07:44 pm, Bjorn Wijers wrote:
>>>> You use the plural here. Is there only one collection society  
>>>> there or is
>>>> there more than one?
>>> The answer appears to be that there is one per jurisdiction (e.g.  
>>> one
>>> per country).
>>
>> Fine, I am seeking knowledge here. Now would it be illegal in  
>> these countries
>> for another collection society geared to the needs of Free Works  
>> and other CC
>> licensed works to set up and operate?
>>
>
> As the Swedish copyright act puts it "[o]nly an organisation
> representing a substantial number of Swedish authors in the field
> concerned is entitled to claim the remuneration", so such an  
> collecting
> society would need a large number of Swedish members to be able to
> operate (in Sweden).
>
> The collecting societies inability and/or down right refusal, to deal
> with open source and open content licenses is probably something  
> that is
> best solved by legislation. Or possibly by taking the matter to court.
>
> The European Commission has published a paper, COM(2004) 261 final,
> called "The Management of Copyright and Related Rights in the Internal
> Market" (which can be found at:
> http://europa.eu.int/eur-lex/en/com/cnc/2004/com2004_0261en01.pdf),
> which contains a summary of how the member nations of the EU has dealt
> with collecting societies and what needs to be done, in the opinion of
> the commission, to improve the way such collecting societies work.
>
> The commission seems to come the conclusion that legislation is needed
> to harness the de facto monopoly that collecting societies have. The
> commission has invited a large number of parties to comment the paper
> (see:
> http://ec.europa.eu/internal_market/copyright/management/ 
> management_en.htm#contribution),
> the only open source/open content organisation who has commented the
> paper is FSF France. Their comment is available on-line, together with
> 99 others
> (http://ec.europa.eu/internal_market/copyright/management/ 
> contributions_en.htm).
>
> It would valuable I think if CC (or iCommons) also provided it's
> opinion. As an organisation, providing services used by many European
> creators and users, CC does represent an ever growing movement, the
> voice of which would ought to make it self heard in these  
> circumstances.
>
> /Peter Brink
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