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cc-licenses - Re: Non-commerical use and music on hold

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Subject: Development of Creative Commons licenses

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  • From: Thomas Uwe Gruettmueller <sloyment AT gmx.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Non-commerical use and music on hold
  • Date: Thu, 19 Feb 2004 05:26:40 +0100

Hi Luke,

On Thursday 19 February 2004 04:03, Luke Stodola wrote:
> IANAL, nor am I part of Creative Commons, but I think that
> this use is allowed by some CC licenses. Music on hold would
> either be "public performance" or more likely "distribution on
> a public network" (the phone network). So I don't see any
> reason it shouldn't be allowed.

Maybe my English is too bad, so please correct me if I am wrong,
but I think that the word "performance" always refers to
something that is done *personally*, i.e. you can perform a
piece of music at a concert, or a theatre play on stage. If you
just press the "Play" button of a tape recorder, you do not
perform the work; you just play it back from a recording. At
least this is what my dictionaries tell me.

Furthermore, I don't think that playing something on a phone line
is a "distribution". According to the German copyright law, the
term "Verbreitung" (distribution) refers to the circulation in
*physical* form, e.g. selling or renting copies... Unless the
music is recorded by the listener, which is very unlikely, the
music does not get copied or circulated during the phone call;
and even if it does occur, the primary purpose for playing music
on hold would still not be its distribution.

> Perhaps you could contact the artist
> and see if you personally can use the music without those
> requirements in exchange for a donation.

You can also contact Michael Jackson and Britney Spears and ask
*them*. If you start asking people, you don't need free licenses
at all. Therefore, I don't accept this kind of argumentation.

cu,
Thomas }:o{#
-- - http://217.160.174.154/~sloyment/ - --
"Look! They have different music on the dance floor..."





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