[cc-licenses] airplay royalties
mailings at bdisfunctional.net
Wed Jan 3 04:56:26 EST 2007
As far as I know, the cc license applies to the work itself and not a
specific technical detail such as the encoding. As for the statement
made by Dying-Giraffe: sadly, it is not flat out wrong.
It is however a more complicated and certainly not correct for all
jurisdictions. The guys from Dying-Giraffe are like me based in the
Netherlands, so I presume they are actually mentioning the Dutch
situation instead of taking into account the difference between
countries and jurisdictions. Also I presume they are taking about CC
licenses that use the non-commercial clause and which will be used by
In the Netherlands, you have to deal with at least three rights
organizations for music:
1) BUMA: performance rights, such as live music or background music in bars
2) STEMRA: rights concerning mechanical reproduction.
Usually they are called BUMA/STEMRA and mostly not seen as seperate
entities. BUMA/STEMRA is an organization which has a monopoly granted by
the Dutch government for collecting royalties. Effectively they are a
government organization, but legally they claim not to be a government
See their FAQ (dutch)
3) SENA: Neighbouring rights
This organization has also been granted a monopoly by the Dutch
government for collection neighbouring rights.
So when you're making music in the Netherlands you have to deal with
three organizations. Before they will collect royalties you've to become
a member* of BUMA/STEMRA (BUMA/STEMRA/SENA claim working together).
When you are a member of BUMA/STEMRA you cannot use CC licenses anymore,
because as a member you've transfered your rights exclusively to
BUMA/STEMRA. (NOTE: not taking moral rights into account)
As far as this info is available (you can't imagine how closed these
organizations are..) it seems that broadcasters all pay a yearly
'catch-all' sum to these rights organizations. Therefor any broadcaster
playing CC music next to all rights reserved music has already paid (at
least in the broadcaster's eyes) for the right to play the CC music as
well as the all rights reserved music. In practice this means that
musicians and artists will not receive any royalties for airplay,
although money has been paid to the rights collection society.
In theory a CC musican or artists could take actions against a
broadcaster, but in reallity most of the CC artists and musicians lack
the resources to do so and are afraid not to be played at all.
So in practice Dying-Giraffe is not so far out as it might seem.
ps: Also see a previous thread about this:
* Becoming a member costs:
Authors € 45,00 (one-time subscribtion fee) + € 62,50 (yearly)
Publishers € 90,00 (one-time subscribtion fee) + € 125,00 (yearly)
NOTE: I'm not a lawyer
All the best,
Lucas Gonze wrote:
> Over at http://www.dyinggiraffe-recordings.com/faq.php I came across this bit:
> "What should I know about Creative Commons?
> There are some things you should be aware of. Creative Commons
> licences are of unlimited duration, so once a work that is licensed
> here it can no longer be changed. Registering this work with a
> copyright organisation is not possible either, as a result of which,
> as is currently the case, no royalties can be received for airplay. "
> I think that that statement about airplay royalties is flat wrong, but
> this depends on the scope of a CC license. My understanding is that
> CC applies only a specific encoding of a file and not to the
> underlying composition or sound recording. Yes?
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
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