[Cc-uk] collecting societies and creative commons

Bernard Hurley bernard at fong-hurley.org.uk
Mon Oct 18 07:23:19 EDT 2004


Hi,

I am a composer of what people call (somewhat paradoxically) "modern classical" music. So most of my stuff is written scores, intended for live performance. I am currently using GNU lilypond to digitise the texts of my scores and I intend to publish them under an "Attribution Commercial ShareAlike" CC licence on www.musique-libre.org.uk (wait a few weeks before you look as there's nothing there yet). I am not a member of the Performing Rights Society and I don't really care what their attitude is provided they don't bother me! I don't want them or anyone else to collect royalties for me. However a collegue who is a member tells me that he has checked that membership bars him from publishing works under a CC licence, although I don't know who he spoke to at the PRS.

The PRS web site says this about PRS membership:

======================== start =============================

The Membership Agreement, which when signed by you will only take effect if your application for membership is successful, transfers to the Society the ownership of your performing and film synchronisation rights.  If you are in any doubt as to the effect of the Agreement on your ability to deal with the copyright in your works, you are advised to take legal advice before signing it. 

The legal transfer or assignment of the rights contained in the Agreement will normally be for the territory of the World but you may be entitled to exclude certain countries from the scope of the Society's administration of your rights. 
 
The Society's articles also permit applicants to exclude part(s) of the performing right and/or film synchronisation right from the extent of the transfer.  A list of the permitted exclusions may be requested from the Writer Admissions team on 020 7306 4805.  Do not sign the Agreement if you are intending to exclude any country and/or any part(s) of the performing right and/or film synchronisation right from the extent of your assignment to the Society.

The Society reserves the right to disclose certain information concerning any of your registered compositions to authorised members using the Society's Online Services Enquiry System and any associated e-mail or telephone enquiry system(s).

===============================end of quote ===============

Perhaps someone from the Creative Commons project could contact the PRS to see if CC-licensed works could be made a "permitted exclusion".  I somehow doubt that they would do it.  I think most "permitted exclusions" are things like performance in a religious service.

Cheers

Bernard
  


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