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cc-it - Re: [Cc-it] info: commercial use of CC works

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Subject: Discussione delle licenze Creative Commons

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  • From: Deborah De Angelis <avv.deborahdeangelis AT virgilio.it>
  • To: "niccolo' fontana" <nicco AT email.com>
  • Cc: cc-it AT lists.ibiblio.org
  • Subject: Re: [Cc-it] info: commercial use of CC works
  • Date: Thu, 20 Apr 2006 12:51:02 +0200

Dear Nicolò,

I will try to answer to your interesting question, giving just my personal opinion on this topic.

Il giorno 20/apr/06, alle 10:57, niccolo' fontana ha scritto:

Hi all!

Just a quick question about the commercial use of CC works.
What should a DJ do if he gets paid for playin CC protected music? is this direct or indirect commercial use of the work?

I think that if the DJ acquires the consent to use the CC songs with a NC (no commercial) license, the fact that he/her is paid for the gigs it has to be intended as an indirect commercial use of the work.

Should he pay the rights?
To pay the rights the DJ should agree the relative fee with the author or who had the rights to release the songs on CC license.

who collects them?how?

If it is a private negotiation, it's the author/composer or who had the right to license the songs under CC license which collect his right directly.
At the moment no collecting organizations are entitled to collect CC rights.


And what happens if the DJ would not play live but stream a playlist (and again gets paid for it)?
I think there is not differences between play live or stream a playlist if the DJ ge paid in both cases, there is an indirect commercial use of the work.


It also my opinion that nowadays the DJs cover a big role to promote music, so if I were an author/composer which decide to release my songs under CC license I will be happy to negotiate with a DJ in these circunstances. However I can also understand that for a DJ to negotiate with each author/composer will not an easy thing to do.



thanks in advance for your help

bests
Nic


best regards,

Deborah De Angelis

_________________________________
Avv. Deborah De Angelis
DDA LAW FIRM
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tel. +39.06.39.74.56.22
fax +39.06.39.03.88.33
e-mail: avv.deborahdeangelis AT virgilio.it

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