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

jonathon jonathon.blake at gmail.com
Sat Aug 2 20:29:08 EDT 2008


On Sat, Aug 2, 2008 at 14:42, drew Roberts  wrote:

> Ah, ok, you are thinking bands and I am thinking broadcast radio.

Even with broadcast radio, somebody other than the DJ has to track
what is played, and when it is played. (DJ's are notoriously inept at
keeping traffic logs.)

> 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 always pays the collection societies.

> Does any have figures for real word fee structures?

I don't remember the dollar amounts. :(
The club I used to hang out at had a US$10.00 cover charge.
Everything collected at the door was given to the band. Even on an
excellent night for the band, the collecting society tab was more than
the band earned.  (Figure on 150+ people in the club, on an excellent
night.)

Here is the way one club owner explained the costs to me.
Have a "three drink minimum".
* The first drink goes to the collecting society;
* The second drink is split between the various licensing authorities,
and the band;
* The third drink covers the cost to hire employees, and maintain the bar;
* The fourth drink was when the bar could begin to think that there
might be a net profit, for the evening.

###

http://www.ccli.com/usa/WhatWeOffer/LicenseFees.aspx is a link to the
copyright license fees for products handled by CCLI.

For the typical congregation in the US, that fee is US$170 for the
right to do the following:
    *  Print songs, hymns and lyrics in bulletins, programs, liturgies
and songsheets for use in congregational singing;
    * Create your own customized songbooks or hymnals for use in
congregational singing;
    * Create overhead transparencies, slides or use any other format
whereby song lyrics are visually projected (such as computer graphics
and projection) for use in congregational singing;
    * Arrange, print and copy your own arrangements (vocal and
instrumental) of songs used for congregational singing, where no
published version is available;
    * Record your worship services (audio or video) provided you only
record live music. Accompaniment tracks cannot be reproduced. You may
charge up to $4 each for audiocassette tapes and CDs, and $12 each for
videotapes and DVDs;

If the congregation wants to broadcast that service live, they have to
deal with various other agencies, such as _The Harry Fox Agency_,
which has no qualms about claiming that payments on behalf of Charles
Wesley (1707-1788) must be made to them.

On Sat, Aug 2, 2008 at 15:58, Peter Brink  wrote:

> but he needs permission from the copyright holder of the "original" work to publish and distribute his adaptation.

Under US law, permission to distribute a derivative audio work is
automatically granted, once the royalty payments have been made.  The
copyright owner has no option, but to allow the derivative work.

However, for non-audio media, the copyright owner does have the option
of refusing to allow the distribution of a derivative work.
(Arguably, the copyright owner also has the option to refusing to
allow the creation of a derivative work.)

For both audio and non-audio works, the creator of the original work
does get a royalty payment.   For audio media, it is a predetermined
amount.  For other types of media, it is negotiated between the
copyright owners.

xan

jonathon


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