[cc-community] CC music and webcasting
ejgarner at yahoo.com
Sat Mar 10 22:36:35 EST 2007
I posted this question already in the "licenses" discussion, but
just in case that wasn't the appropriate forum, I'll post it here too:
In light of the new Soundexchange arrangement for webcasting
royalties, I can see where many webcasts that are able to stay
online might switch to music deemed 'podsafe'. However, given
language in the DMCA that mandates royalty collection on all
non-interactive delivery systems, it looks like webcasters will
have to pay royalties on all music regardless of label affiliation,
including CC-licensed music. In fact, the Soundexchange
website indicates that independent musicians might have money
already held on their behalf, but that they must become
Soundexchange members in order to collect.
This brings about the following questions:
1) Is it possible for people who choose to produce podsafe
music to opt out of the mandatory Soundexchange royalty
collections so webcasters can freely use the music?
2) If so, can a CC license act as a de facto opt-out notice for
this purpose, or does a musician have to contact
Soundexchange and explicitly tell them each time they introduce
a song with a podsafe, royalty-free intent?
It really came as a surprise to me that podcasting is different
from webcasting in that mandatory royalties are collected on the
latter, regardless of label affiliation or licensing choices on the
artists' behalf. It seems like I, as the music's creator, should
have the right to opt out of this scheme.
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