[cc-community] ASCAP

drew Roberts zotz at 100jamz.com
Mon May 12 17:08:46 EDT 2008


On Monday 12 May 2008 14:40:49 Paul Keller wrote:
> On 12 May 2008, at 14:27, drew Roberts wrote:
> >> The unanswered question here is "does your ASCAP contract actually
> >> allow
> >> them to collect on music by you which is used under the terms of a CC
> >> license?" I'm not positive what the answer is on that, and I'll
> >> have to
> >> hope that someone who understands the issue will fill you in on that.
> >
> > Does anyone know if ASCAp and BMI issue blanket licenses? That may
> > be a part
> > of the issue here.
>
> yes tehy do (although in this case it is SABAM (the belgian CS) that
> issues blanket licenses. the thing is that they are entitled to
> raoyalties if repertoire of their members is palyed in bars (and many
> other contexts in belgium). this mean that bar owners either have to
> pay for a blanket license (which entitles them to play all music) or
> they have to limit themselves to free music (in this case music by
> rights-holders who are not members of a collecting society). In this
> case the rights holder is a member of ASCAP and that means that SABAM
> most likely to be entitled to collect for use in that restaurant
> because the rights holder has asked ASCAP to collect for such uses and
> SABAM is collecting on behalf of ASCAP.

Fine, but this really can be more nuanced than this.

Let's say I am a member of some enlightened CS (perhaps some exist now.) You 
can get a commercial license throught the CS or use the BY-SA direct from me.

So far so good?

So if someone stick to BY and BY-SA licensed music, follows the license terms, 
they may be able (shold be able) to tell their local CS that they do not need 
a license from the CS for the music they use.

Now, someone who wants to use a mix of music, will need a license from their 
local CS and they will need a blanket license at which point they will not 
get a discount for the BY and BY-SA music they play.

In that case, as I have said before, I would want to have the BY-SA 
non-operationl for that user and get my share of the blanket license 
collected by the CS.  Since the user is paying the same amount for all the 
music they use, I figure it is not crazy for me to get my share.

Is this too whacked?
>
> cheers, paul

all the best,

drew




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