[Cc-uk] collecting societies and creative commons

Javier de la Cueva jdelacueva at derecho-internet.org
Fri Oct 15 11:29:46 EDT 2004


El Viernes, 15 de Octubre de 2004 14:04, Rufus Pollock escribió:
> Recently someone raised the question of the attitude of collecting
> societies to Creative Commons. Under (some) CC licenses the
> collecting society, I believe, will not receive any revenue. Is
> this correct and if so will collecting societies oppose CC
> licenses? For example it was said that in Germany the main
> collecting society had forbidden its members to release CC work (is
> this true?).

It is true in Spain.

Due to our Ley de Propiedad  Intelectual (IP Law) there are several 
rights the creator cannot waive and that are collected by different 
societies (depending on the genre of creation).

For example, a creator cannot waive the right for private copy 
compensation, which applies to blank CDs and DVDs (apart from 
photocopy machines and recorders). Last year it produced 54 million 
euros and collecting societies are the only entities entitled by law 
to draw these amounts.

Spanish main collecting society (SGAE) will not allow their members to 
release any CC work and will collect the canon even though the artist 
is not a member.

--
Best regards,
Javier de la Cueva


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