[cc-community] Collective Licensing & Creative Commons

drew Roberts zotz at 100jamz.com
Thu Jan 22 18:59:15 EST 2009


On Thursday 22 January 2009 16:08:03 Atom Smasher wrote:
> here's some interesting FUD:
>   10 Things Every Music Creator Should Know About Creative Commons
> Licensing
> http://www.ascap.com/playback/2007/fall/features/creative_commons_licensing
>.aspx
>
>   MUSIC COPYRIGHT IN THE DIGITAL AGE: A POSITION PAPER
>   http://www.ascap.com/rights/pdf/ASCAP_BillOfRights_Position.pdf
>
> i couldn't find anything on the BMI or SESAC sites about CC, but it seems
> that ASCAP is averse to the concept.
>
> i have to say that it seems murky, at best, to collect royalties on some
> of the CC licenses (cc-by?).

cc BY
cc BY-SA
cc BY-ND
---------------
cc BY-NC
cc BY-NC-SA
cc BY-NC-ND

Those above the line can behave differently than those below the line. 
However, nothing *requires anyone to use any of these license that a work 
might be under if they choose not to and the copyright holder is willing to 
offer an alternate license.

So, one game a CS could play is to offer a blanket license under an all rights 
reserved license plan with reduced reporting or audit requirements and for a 
reduced rate. Or, a track by track reporting and logging plan where you pay a 
higher rate for those you have to pay for and for those above the line that 
you claim you don't have to pay for, an audit to make sure the BY and other 
requirements are met with stiff penalties if the terms are not met.

Then (and this is important for this to be an option for all of this to be 
even somewhat fair) a user who uses only works from above the line would not 
even need to enter into an agreement with a CS while those using a mixture of 
works would need to choose a plan with the CS.

> who would be in the best position to address 
> this, possibly involving dialog between the CC and CSs?
>
> also, if anyone can comment on my assertion that: a cc-by license would be
> the least compatible with CSs, but sample+, NC, or SA license should be
> fully compatible with CSs. so, as long as there are CC licenses that are
> compatible with CSs, maybe there's really not a problem... just some FUD.

I am not sure why you think BY-SA would behave differently than BY in CS play. 
Can you please explain your thinking on this point?
>
> does anyone know of any CC licensed works that are collecting fees from
> CSs? real-life examples examples?

all the best,

drew


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