[cc-licenses] Collecting societies (and PROs)

Paul Keller pk at kl.nl
Fri Apr 20 14:24:03 EDT 2012


On 16 Apr 2012, at 14:38, <zotz at 100jamz.com> <zotz at 100jamz.com> wrote:

> 
> On Fri, 13 Apr 2012 20:57:12 +0100, Rob Myers <rob at robmyers.org> wrote:
>> On 04/10/2012 02:19 PM, drew Roberts wrote:
>>> 
>>> There is no reason why BY or BY-SA should be incompatible either.
>> 
>> There is because it clashes with how collecting societies operate at the 
>> moment.
> 
> Right, but this is their choice, not some fundamental law of the
> universe. There is no reason they could not adapt if they wanted to.

Well and there are cases where they have started to adapt: BUMA (NL), KODA (DK) and SCAEM (FR) have all added the possibility for member to use NC licenses. Problem is that most of the other do not need the need to do so. The key here is that all of these societies are member driven organizations and the request for more flexibility need to come from outside. There is very little CC or non members can do about this.

> 
>> If I belong to a collecting society, and I license my work 
>> BY-SA, then there is a contradiction between the society's right to 
>> collect on the copyrights of my work, and your right to use the work 
>> Free-as-in-Freedom way.
> 
> Only because they insist on being exclusive.
> 
> Say I put two licenses on my song.
> 
> 
> 1. CC BY-SA
> 2. Some license crafted for my CS/PRO that they love.
> 
> 
> They can just ignore the BY-SA and enforce license #2. The ones I know
> about give blanket licenses for everything they license for a set
> percentage of revenue. (For example from a music playing oriented radio
> station.) So they just collect on license #2 from their licensees and
> give me my cut. People playing only Free Licensed music would not need
> to enter into a license with them and so they could not collect under
> #2. People playing a mix of Free and non-Free music would need to enter
> into a license with them and they could then collect on license #2.
> 
> Flaws in this thinking?

that is exactly what the above mentioned experiments are exploring. right now all of them are limited to NC license (and from the Societies perspective is quite a big step to expand the scope to non-nc) but the underlying idea is what you describe here. more info at: http://wiki.creativecommons.org/Collecting_Society_Projects

/paul 




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