[cc-community] Copyright enforcement and CC BY-NC licenses
jonathon
jonathon.blake at gmail.com
Mon Aug 4 14:51:16 EDT 2008
On Sun, Aug 3, 2008 at 05:38, drew Roberts wrote:
>> The club I used to hang out at had a US$10.00 cover charge.
> But they are unrelated, right? You did indicate that the venue pays.
I was using the amount the band earned, as an indication of how much
the collecting socieites claim.
>> 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;
> So the band gets the door and a part of the second drink?
Advertising that the band is playing at the venue. All food and
beverages that the band consumes.
I've forgotten the other expenses that get chalked up as "the band".
These are deducted from beverage sales. The band gets none of the
beverage revenue. (There is one exception. If there is no cover
charge, then the performance fee for the band is also charged here.)
> Anyone know more about how these things work?
> What about on nights when no band plays?
Assuming neither a DJ, nor a live band, then those nights have less
revenue. As a percentage of gross revenue, net profit is higher.
>Are the fees different for live versus non-live music?
Different collecting societies.
>How does that jukebox game I dimly remember work if it still does?
It is much easier to "control" collection society payments with a
jukebox, than with either a DJ, or a live band.
For starters, the play list won't be changed, unless you change it.
How frequently the songs are played is something you can't control.
(Most jukeboxes provide information on how frequently a specific
selection is played.)
> Actually, if I understood this bit properly, the automatic parts only apply to non-dramatic music / audio? You can't take advantage of this for dramatic musical works from what I understood.
If you want to use the songs "Acid Queen", "Pinball Wizard", and
"Tommy can you hear me?", in your work, you pay royalties to one
collection society --- I've forgotten which one --- and go on your
way. They do not have the right to deny you permission.
If you want to perform "Tommy: The Rock Opera", you get to pay
royalties to a different collection society. This one has the right to
deny you permission.
If you want to make a movie version of "Tommy: The Rock Opera", you
talk to a different collection society. This one also has the right
to deny permission.
If you want to release "Tommy: The Rock Opera" as an audio book, you
talk to yet another collection society. This one also has the right
to deny permission.
If you want to release "Tommy:The Rock Opera", as a talking book, you
can do so, without obtaining permission from anybody, or paying any
royalties, if the appropriate box on the copyright form is checked.
(There are some restrictions on how it can be distributed.)
>> For audio media, it is a predetermined amount.
> Actually, I think even here you can negotiate better terms than the law requires and I always understood that the big boys at least generally do.
You need a fairly large catalog, and good lawyers, for that
negotiation to be cost effective.
xan
jonathon
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