[cc-licenses] Is "podsafe" music affected by CRB rulings

Kevin Phillips (home) tacet at qmpublishing.com
Thu Apr 5 13:05:58 EDT 2007


Sorry,

I crossed over two emails, my fault for answering via webmail and having a very bad day at the office! :)

(btw. no offence to anyone with my loose comment about the buttons, I'm just sore about being ignored a while back when I had a question about lyrics.)

I responded keenly to Eric's post because I have had a related set of questions and found myself in a similar situation, I need to post with more speed and less haste in future :)

I found the following link very useful in assessing the situation for my friend with the station, where most of the music he wanted to play had NC licenses which a LOT of artists assume means "no connected" commercial activity, rather than ads...tip jars etc etc.

http://wiki.creativecommons.org/DiscussionDraftNonCommercial_Guidelines

For one-man stations like Pearadio I understand the main bear in the snare is D.(d)

(d) As an optional contribution (e.g. a tip jar, donations, membership drive) for **an individual**, an educational institution or nonprofit organization that uses the verbatim NC-licensed work or another work that includes a verbatim NC-licensed work - this is a noncommercial use.

....so he can't even say "I'm an individual" not a company.  If he says he is a company then the whole thing is to the wall anyway.....

(1) Is the person making use of an NC-licensed work an "allowable NC user" under the noncommercial license condition? Allowable NC users are: 
(a) an Individual (b) a Nonprofit educational institution/library, (c) a Nonprofit organization as defined under US or equivalent law [1], (together with (1) and (2) "allowable NC users") (d) A commercial copy shop, ISP, search engine, content aggregator, blog aggregator site or similar service provider who, in the course of providing a service at the direction of the allowable NC user, may exercise a right licensed under the Creative Commons license. 

(i) No. License violation - this is not a noncommercial use. (ii) Yes. Continue to Question B. 

If this is all correct, then there's no way for a radio station or podcast which is in some way sponsored, to use NC licensed music without contacting and obtaining unique permission from every artist....individually.  Which is just impractical.

I appreciate other licenses are different, but look out, because there's a LOT of NC music out there.

Kev



----- Original Message ----- 
From: Eric Garner 
To: cc-licenses at lists.ibiblio.org 
Sent: Thursday, April 05, 2007 3:15 PM
Subject: [cc-licenses] Is "podsafe" music affected by CRB rulings


Real-world uses for the CC-licensing structure seem pretty obvious, but sometimes answers lead only to more questions:

There seems to be some confusion in the blogosphere as to whether CC-licensed (aka "podsafe") content offers an alternative library to webcasters who won't be able to afford the new SoundExchange payments conceived last month. How does CC-licensed content fit into in this scheme? I've been following this matter since the announcement of the new royalty structures by the CRB last month, and there seems to be an assumption that podsafe music will be able to fill the void if webcasters are unable to continue using their current libraries. There is also some concern that podcasting, which is currently unaffected by the CRB ruling, may be next in line for regulatory action.

As a musician, am I correct to assume that CC-licensing my music places it into a body of work residing outside the reach of the CRB and SoundExchange for purposes of webcasting? As a podcaster, am I safe to assume that my sticking with podsafe, CC-licensed music will is enough to satisfy any future regulations which might be in store for this medium?

Since the blogosphere isn't always a 100%-reliable source of information, I would rather ask these questions to the people who really know what they're talking about. Unfortunately, I made a similar post about a month ago and no one responded :(

Eric Garner




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