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Subject: Creative Commons - Belgium

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  • From: Severine Dusollier <severine.dusollier AT fundp.ac.be>
  • To: "Mark Van den Borre" <mark AT markvdb.be>
  • Cc: cc-be AT lists.ibiblio.org
  • Subject: Re: [Cc-be] CC music at Fosdem
  • Date: Tue, 4 Dec 2007 17:56:43 +0100

yes. We do have a problem with the rémunération équitable for performers' and producers' rights. We are currently trying to revise a difficult provision in CC v.2 Belgium when translating the last version of CC license to solve that issue.
But, in my view, it would apply only if you have a producer affiliated with SIMIM or a performer affiliated with a performers' rights society such as URADEX.
THis is the most intricate problem of CC licenses right now. SO I don't have a definitive answer on that. Sorry.

Séverine

At 18:41 +0100 27/11/07, Mark Van den Borre wrote:
Hi Sévérine,

2007/11/27, Severine Dusollier <severine.dusollier AT fundp.ac.be>:

If you play only CC-licensed music and can prove it, you should not pay
anything to the Sabam.
But we would have to pay "billijke vergoeding/rémunération équitable"
right? Have a look at our situation form the following perspective:
* The legal way would cost money.
* The CC artists we play would never see a cent of this money.
* The distribution of the money to artists is a mess.
* Simim's license is scheduled to be withdrawn 2007/02/22, the day before FOSDEM
* Music between tracks is not FOSDEM core business
* Many CC musicians do not want their audience to pay money to the
"billijke vergoeding/rémunération équitable" monopoly.
* Many free software enthousiasts don't want to strengthen the teeth
that bite digital freedom.

Are there legally safe or tested ways around this?

What about:
* using MIDI files?
* asking for a 0.01¤ entry fee to make it a "non-public" event and as
such exempt from "billijke vergoedig/rémunération équitable"

If there is any problem I could intervene.
That is really nice of you!

BUT (and it is a big BUT), it is true that if some artists are members of
the Sabam (and of any European collecting society with which SABAM
collaborates to collect copyright royalties), those artists are normally not
allowed to license their works under a CC license. Therefore, for those
artists, the licenses they put on their works is not valid for the Sabam.
THis is a big issue right now for CC.
Anyway, I would not raise this point to the Sabam, let them find this legal
intricacy by themselves.
Shouldn't they sue their own members here, and not organisers?

Mark
--
Mark Van den Borre
Noormannenstraat 113
3000 Leuven, België
+32 486 961726




  • Re: [Cc-be] CC music at Fosdem, Severine Dusollier, 12/04/2007

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