[cc-licenses] Broadcast (Text version,hopefully)
Mia Garlick
mia at creativecommons.org
Mon Nov 20 21:35:35 EST 2006
the issue of the interaction of CC licenses and collecting society
membership is complex (http://wiki.creativecommons.org/
FAQ#I_am_a_member_of_a_collecting_society.
2C_can_I_use_Creative_Commons_licenses.3F). as a general rule, a
person who is a member of a UK collecting society cannot legally
apply a CC license to their work because they grant an exclusive
license/assignment to the society for public performance/online
transmissions. UK collecting societies have also been very critical
of CC licenses, see e.g., http://www.apra.com.au/writers/downloads/
creative_commons.pdf and http://www.bmr.org/html/news/news55.htm.
thus, the fees paid to UK collecting societies should not cover the
use of CC licensed music (although you could ask but i would be very
surprised). if the music they are playing is not authorized for
their use - ie. they are a commercial entity making a commercial use
and the music is NC licensed - then they should figure out separate
arrangements with the individual artists to compensate them because
commercial use of NC licensed is infringing.
On Nov 20, 2006, at 2:32 PM, drew Roberts wrote:
> On Monday 20 November 2006 04:41 pm, Pete Rabjohns wrote:
>> theprojekt.co.uk is a
>>
>> relatively new initiative set up to develop the skills of young
>> Scottish film-makers and musicians.
>> We publish our members' work on our
>> website for review and comment - all of this material is CC licensed
>> (Attribution-Non-Commercial-Share-alike as standard,
>> Attribution-Non-Commercial- No-Derivs when members use copyrighted
>> material from our bank of pre-approved copyrighted materials, or as
>> inherited)
>> We've decided to use ccMixter as a training resource for our members.
>> During our initial research, I was so impressed with some of the
>> mixes
>> on the site, I sent links to friends so they could enjoy and check
>> out
>> the site also. Their responses were predictably positive.
>> Several of my friends work in local broadcast radio (commercial) - is
>> there any mechanism that allows them to pick up on certain cc
>> licensed
>> mixes/remixes
>> and promote them (and ccMixter) to a wider audience? Do the fees they
>> pay to e.g. the performing rights society in the UK, cover them to
>> play CC-licensed material, or if the cc license is non-commercial do
>> they have to approach each individual artist (and previous
>> contributors
>> in the case of a remix/mashup etc) in each individual case to
>> negotiate
>> clearance/fees etc?
>> Grateful for your help and clarification
>
> I find this topic interesting. I was thinking along similar lines
> for works
> licensed CC BY-SA. My thought was to find a way for the person
> using the
> license to choose whether to simply pay as if the work was all rights
> reserved if that was simpler for them book keeping wise or to claim
> the CC
> BY-SA use and provide "accounting stats" to the collection society.
>
> I think this would need to cooperation of the various societies and
> the
> artists would have to join their appropriate society.
>
>
>>
>>
>> Pete Rabjohns
>>
>
> all the best,
>
> drew
> --
> (da idea man)
> National Novel Writing Month
> http://www.nanowrimo.org/index.php
> 562,263,167 words and counting.
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