[cc-community] ASCAP

drew Roberts zotz at 100jamz.com
Mon May 12 18:48:10 EDT 2008


On Monday 12 May 2008 17:35:16 Paul Keller wrote:
> 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.

Do you know what happens when the person is a member of ASCAP or BMI and there 
is a BY or BY-SA license but it is used in another country?

> 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)

I am not sure I understand the import of this language. Can you explain 
further?
>
> > 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).

What stops a person outside of the US (I am in fact) from joining ASCAP or BMI 
and not their local CS? If they can, what are the implications?
>
> cheers, paul
>
all the best,

drew





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