[cc-licenses] Creative Commons and Collection Society

Dana Powers dana.powers at gmail.com
Mon Jul 16 18:51:47 EDT 2007


The URI inclusion section is not unique to the ShareAlike licenses
(it's in all of them).  Yes, it may be a hinderance to radio
broadcasts, depending on how it is interpretted.  I think creative
radio minds could come up with a reasonable solution.  Moreover, I'd
be terribly surprised if saying "that song is licensed under a
Creative Commons Attribution-ShareAlike license" instead of naming an
exact URI would be considered a material breach.  But, again, this has
nothing to do with Share-Alike-ing.

My only point was that radio broadcasts are unlikely to trigger a
Share-Alike clause.

dp

On 7/15/07, drew Roberts <zotz at 100jamz.com> wrote:
> On Sunday 15 July 2007 09:00 pm, Dana Powers wrote:
> > In the U.S., and I assume elsewhere, it is the performance right for
> > the musical composition that is required to broadcast a song over the
> > (spectrum) radio.  A broadcast isn't considered a derivative work so
> > the Share-Alike section of the CC would likely not be triggered.
>
> >From 3.0 4.a. :
>
> "You may Distribute or Publicly Perform the Work only under the terms of this
> License. You must include a copy of, or the Uniform Resource Identifier (URI)
> for, this License with every copy of the Work You Distribute or Publicly
> Perform."
>
> So, to play a BY-SA song on the radio and keep with the license, you need to
> include a copy of the URI... That is a public performance, right?
>
> When I asked about this before, it was suggested that the URI be read out
> (letter by letter?) whcih seems like it would not make for the best radio.
>
> Does anyone have any other ideas as to how BY-SA works could be broadcast in a
> normal sounding radio music show?
>
> So, in the absence of better ideas, it seems the choices might be to use the
> BY-SA license and have a funky sounding show or pay for a liecnse through a
> collecting society and have a decent sounding show.
>
> Or am I being totally daft and missing something basic?
>
> > You
> > could try to argue that "adaptations" under the license are broader
> > than derivative works, but my guess is that would not get very far.
> > Very bad idea to rely on a judge to apply Share-Alike to radio
> > broadcasts.
> >
> > dp
>
> all the best,
>
> drew
> >
> > On 7/15/07, drew Roberts <zotz at 100jamz.com> wrote:
> > > On Sunday 15 July 2007 09:02 am, Paul Keller wrote:
> > > > On Jul 15, 2007, at 2:57 PM, drew Roberts wrote:
> > > > >> If you do not care about
> > > > >> Collecting Societies you are better advised using a non-NC license.
> > > > >
> > > > > I don't follow the logic of that last sentence, can you please
> > > > > elaborate.
> > > >
> > > > longer version: if you do not care about collecting societies (and
> > > > this i am assuming means that you are not interested in royalty
> > > > payments for uses of your works) you can better use license that
> > > > includes royalty free use of your work by anyone even for commercial
> > > > uses.
> > >
> > > Sorry, my bad. I must have been blind on that sentence. Missed the
> > > non-non-commercial and read simply non-commercial. It makes fine sense as
> > > written. I was just caught out by the double negative...
> > >
> > > Would you care to comment on the thoughts of collecting societies
> > > collecting for use of BY-Sa works on broadcast radio.
> > >
> > > > best, paul
> > > > --
> > > > paul keller | knowledgeland
> > > > t: +31205756720 | e: pk at kl.nl | www.knowledgeland.org
> > >
> > > all the best,
> > >
> > > drew
> > > --
> > > (da idea man)
> > > Working on a Movie Script or two in June 2007
> > > _______________________________________________
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>
> --
> (da idea man)
> http://pc.celtx.com/profile/zotz
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