[cc-community] Copyright enforcement and CC BY-NC licenses

Kevin Phillips (home) tacet at qmpublishing.com
Sat Aug 2 19:26:12 EDT 2008


----- Original Message ----- 
From: "drew Roberts" <zotz at 100jamz.com>
To: <cc-community at lists.ibiblio.org>
Sent: Saturday, August 02, 2008 10:42 PM
Subject: Re: [cc-community] Copyright enforcement and CC BY-NC licenses


> On Saturday 02 August 2008 16:28:12 jonathon wrote:
>> On Sat, Aug 2, 2008 at 11:44, drew Roberts  wrote:
>> >Or, if not, why do you imagine the bookeeping expenses would be so 
>> >great.
>>
>> For "proportional payments" the base payments are higher than for a
>> "blanket payment".  Whilst the theory is that 'proportional payments"
>> will result in a lower payment to the collection society, the cost of
>> administration usually exceeds the amount that it allegedly saves.
>>
>> > It would be a simple report pulled from your playout database if done
>> > right surely...
>>
>> That assumes a degree of organization that live bands usually lack.
>> It also assumes an atypical degree of willingness to share sources by 
>> DJs.
>
> Ah, ok, you are thinking bands and I am thinking broadcast radio.

AFIK it's the responsibility of the venue to submit their playback returns 
to the PS/CS.

>>
>> You pretty much have to pay somebody to notate each song, with
>> starting time, and duration of the piece.
>>
>> > If the blanket payments are really so low, why all the non-compliance
>> > issues in so many countries and so many situations?
>>
>> "Low" is a relative term.
>>
>> The collection societies typically assume that the organization
>> providing the music is generating revenue through the sale of
>> cigarettes, alcohol, and similar items, pricing their accordingly.
>
> So, is say a bar has a live band some night and does as you suggest, who 
> pay
> the fees? the bar, the band, or both?

The venue.

>> It is much easier for a venue that charges a US$25 cover charge, and
>> sells US$25K of alcohol in one night, to pay the collection society
>> fees, than for a bookstore that has "folk music night", that is
>> gratis, and only sells books, of a coffee bar that offers gratis live
>> music, and does not sell alcohol.
>
> Does any have figures for real word fee structures?

Not me, but as an interesting related aside (just call me Mr OT) there's
a lot more information on the soundexchange website than there used to be.

Interestingly, they have a database of unregistered artists who are owed
royalties.  They are also quite specific about how royalties are assigned
and shared out.

Kev

>>
>> xan
>>
>> jonathon
>
> all the best,
>
> drew
>
>
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