[cc-community] non-exclusive rights, i'm my own rights organization.
MR J. Young
info at freetrain.org
Sun Nov 2 09:27:29 EST 2008
Hi CC,
I got an email from AKM (Austrian rights organization), telling me as an
artist with ASCAP, that any CC license (or any form of direct licensing)
could not be recognized, while ASCAP was issuing blanket licenses for the
use of songs i create to the territory of Austria.
The Artist that signs with ASCAP, signs a non-exclusive contract. My
understanding is that this in effect means that a group (,or just one) of
artists signed with ASCAP could create their own rights organizations and be
signed with ASCAP. True?
My understanding is that ASCAP is issuing licenses to AKM under the same
conditions as they do to members in the US. What business it is of mine, If
ASCAP is issuing licenses that imply my rights in Europe are exclusive. I
can't see artists in the US allowing their contracts to be exclusive under
any circumstance, many artists would be upset if they found out that their
content was exclusive outside the US, if they found out. That is if that is
true?
AKM have instructed me to contact ASCAP and stop collecting revenues for use
of content in Austria. I'm confused about what AKM have said though, as i
was also under the impression that under new laws introduced to the EU that
rights organizations are able to issue content in different countries. If
its possible for different rights organizations in Europe to issue content
in different countries, then why can't artists with non-exclusive rights to
the same. I can be my own rights organization. Why not?
Does it not make sense for each CC territory to encourage artists to join
ASCAP and then get those artists to form as their own publishing collectives
under rules they make for themselves, form their own rights organizations
that operates in conjunction with ASCAP. CC could in effect help protect the
right to provide free content. It seems fair in conditions where free
content is being paid for, the artist that provides that content be paid if
a fee for use of content is being paid.
Do artists that have signed non-exclusive contracts, have the right to
create their own rights organizations in conjunction with ASCAP. If not what
laws are stopping this from happening, if competition between rights
organizations already exists?
If this does not happen, in effect what is happening in Europe is that
artists that use CC licenses and don't join a rights organizations are
creating more revenues for the publishing industry, this makes the situation
even worse for self publishing of art.
It seems perfectly obvious to me that no rights organizations in Europe is
going to deregulate to a non-exclusive contract as the publishers and
artists that collect the most revenues run the boards of all the rights
organizations.
Are these issues being discussed within CC?
Hi from Dublin,
Jamison
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