[cc-community] ASCAP

Paul Keller pk at kl.nl
Mon May 12 17:35:16 EDT 2008


On 12 May 2008, at 17:08, drew Roberts wrote:

> 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?

this is indeed possible if the CS in question are ASCAP or BMI and the  
use is in the US. Outside there are indeed 2 'enlightened' CSes by now  
(BUMA in NL and KODA in DK) but both only allow their members to use  
NC licenses (the rationale is that all commercial uses of the work  
will be licensed through them and non commercial uses fall under the  
NC licenses issued by the member. they have made it very clear that  
they will not allow their members to issue licenses that allow  
commercial uses which means that BY-SA is out of the question.


> 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.

yep but that means limiting themselves to non CS members (at least for  
now)

> 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.

of course it is not crazy for you but you will have problems finding a  
CS (outside of the US that will let you issue BY-SA licenses in the  
first place).

cheers, paul





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