[cc-licenses] Thoughts on NC
Gisle Hannemyr
gisle at ifi.uio.no
Fri Apr 20 09:32:21 EDT 2012
On 16.04.2012 10:43, Arne Babenhauserheide wrote:
> Gisle Hannemyr wrote:
>> So I take a few steps back, and try again to explain just *why*
>> I think that section 2(b)(2) "other rights" should be replaced
>> with the following text in CC ver. 4:
>>
>> The Licensor waives the right to collect individual royalties
>> from You. However, where the Licensor has entered into a voluntary
>> agreement with a collecting society that is entitled to collect
>> royalties on behalf of the Licensor, or where there exists a
>> statutory or compulsory licensing scheme (e.g. extended collective
>> licenses) for collecting such royalties, such agreements or
>> licensing schemes are not invalidated by this Public License.
> I don’t know if I understand that correctly.
>
> Does that mean, that if these collectors exists and I don’t pay money to them, I am not allowed to use the cc work?
No.
If these collectors exists and you do *not* buy a blanket license
from them, then CC gives you permission to use the work (just
like it does today).
However, if these collectors exists (in your jurisdiction), and
you buy a license from them, then the money you pay for this
license will be have to be paid to *all* the artists that are
entitled to a share the maoney under the blanket license.
Under the current proposal, using CC means to the artists waives
the right to receive any money collected under a non-compulsory
collective license.
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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"Don't follow leaders // Watch the parkin' meters" - Bob Dylan
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