[cc-community] Collective Licensing & Creative Commons

Davide d'Atri davide at beatpick.com
Thu Jan 22 04:02:54 EST 2009


as long as the collecting societies allow non exclusive agreements with
their members (ASCAP/BMI), I do not see a problem with licensing your work
under a NC license and collecting "back end" royalties for commercial
airplay for example.

There is a problem when the collecting societies force their members to sign
an exclusive agreement (almost all collecting socities in the world). In
that case it is unclear how a CC license would be compatible with collecting
back end royalties. Actually in that case it is unclear whether a member of
that collecting society would be able to license his/her work under a CC
license....

Let's ask the collecting societies to change their statute in favour of non
exclusive agreements.

There is also another argument :
practically speaking, an artist who is a member of a collecting society that
requires exclusive agreement and has licensed his/her work under a creative
commons license can still collect back end royalties as the broadcaster will
fill in a cue sheet for commercial airplay and wont bother to double check
that the artist has previously released his/her work under a CC license
(neither will bother the collecting society). in that case the artist ends
up collecting back end royalties even if he/she has licensed his/her work
under a collecting society... confusing?

Davide d'Atri
BeatPick.com

On Thu, Jan 22, 2009 at 8:37 AM, Atom Smasher <atom at smasher.org> wrote:

> i'd really like to see this gain momentum:
>  A Better Way Forward: Voluntary Collective Licensing of Music File Sharing
>
> http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing
>
> question: under collective licensing system, such as described in the
> link, above, or systems such as ASCAP/BMI/SESAC, can an artist collect
> fees for CC licensed works?
>
> ok, that's a trick question... maybe...? i'm sure it depends on which
> license and whether or not the use is commercial... and other factors?
>
> i would think that any NC license would justify charging fees to
> commercial airplay and such, but what about p2p? what about other license
> types?
>
> if the system proposed in the above link became reality, would CC licensed
> works be ineligible to collect fees for p2p sharing?
>
> under current systems such as ASCAP/BMI/SESAC, (which are primarily
> commercial) how do the different licenses affect the ability to collect
> fees?
>
> is this something that needs to be addressed (fixed?) in the CC licenses?
>
> thanks...
>
>
>
> --
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