[cc-community] BY-SA license in the UK has non-waiveredcollection society fees?

drew Roberts zotz at 100jamz.com
Sun Aug 17 21:15:38 EDT 2008


On Sunday 17 August 2008 17:19:07 Kevin Phillips (home) wrote:
> ----- Original Message -----
> From: "drew Roberts" <zotz at 100jamz.com>
> To: <cc-community at lists.ibiblio.org>
> Sent: Sunday, August 17, 2008 8:59 PM
> Subject: Re: [cc-community] BY-SA license in the UK has
> non-waiveredcollection society fees?

snip

> >>
> >> I would have thought with this in mind for instance, a popular group
> >> might
> >> want to experiement with SA, knowning that they'll at least be paid via
> >> their CS if their songs become popular enough to gain internet/radio
> >> play.
> >
> > This is not how BY-SA should work and makes the license non-Free while
> > other
> > ports of BY-SA are Free. (At least as I see them now.) This is not a good
> > situation. (If I am off my rocker in this read, someone please clear
> > things
> > up.
>
> Again, I agree with you by instinct.  However, I thought we might explore
> any possible advantage.........urm..........(time passes)  :)

This whole interaction of BY-SA with various collection societies and 
jurisdictions, some of which allow for the waiving of performance and other 
rights and some of which don't seems to be a big hairy mess and probably 
should be looked into carefully.

I have been saying in the past that I would like to see BY-SA waive the rights 
only where it would benefit the end of the line user of my work and not where 
they would not benefit but some Cs and their members would benefit while the 
end user would not. Either by way of existing law or (and this is important) 
by way of existing contractual obligations.

This current issue seems to be a variation of that concern. I think that 
licenses for jurisdictions which do not allow for waiving of some rights 
should still waive them but with language that explains that the waiver has 
no effect due to the current legal situation but that they are indeed waived 
should the law at some point in the future allow for them to be waived. (I 
hope I have been clear enough to at least be understood here.)

Does such an idea have any possible benefits? Drawbacks? Is it possible 
everywhere or impossible in some places?
>
> [snip]
>
> Kevin
>
all the best,

drew



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