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Subject: Development of Creative Commons licenses

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  • From: Paul Keller <pk AT kl.nl>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] collection societies
  • Date: Mon, 27 Aug 2007 13:47:42 +0200

On Aug 27, 2007, at 1:27 PM, Jamison Young wrote:

Hi CC mailing list,

Last week I got an email that talks about a new type of CC license
that is able to be used in conjunction with collection societies in
the Netherlands for a trail period. This CC license that is to be
potentially adopted by the collection society shall allow the
licensor to choose the way that a commercial use shall be defined (if
i read the press release the right way). The choice takes place
within the Burma/Stemra system. So I'm thinking that Burma/Stremra
are going to decide what a commercial use is.

Dear Jamison,
you definitely do not read the press release the right way. first of all there are no new CC licenses. The whole point of the pilot is to let members of Buma/Stemra use the existing CC licenses (in this case limited to the three NC licenses). Also the choice does not take within the buma stemra system. However in order to use the CC licenses B/S members need to get the requited rights retransferred from Buma/Stemra. This is done via a set of special conditions that are added to their membership agreements. These special conditions also contain a clarification of what the author will consider to be commercial uses of his or her works. This clarification was NOT decided upon by Buma/Stemra, but is the result of long negotiations between us (Creative Commons Netherlands) and Buma/Stemra. This clarification is a compromise and should be seen as such.


"In order to make this possible Buma/Stemra will - upon request -
retransfer the rights needed for using a non-commercial CC licenses
to their members. This happens online (on their website) and is
stored in their internal processing and administration systems. the
whole process takes about 30 seconds per song." extract from press
release CC Netherlands.

If the collection societies are able to create a CC license with a
definition of what a commercial use is, what is the effect of this ?

No collection society can create a CC licenses. This is not what is happening here and it is not our intention. What is happening here that Buma/Stemra and CC-Nl have looked to provide a clarification that makes the distinction between commercial and non-commercial use workable within the systems used by Collecting Societies.

I reckon that creating a CC license that can adapt to anything is a
good idea. Yet this is something new to the way I see CC and is this
not a new form of licensing all together ?

Also:
I'm still relatively new to CC licensing, so maybe I have
misinterpreted the situation. My view at the moment is that very few
music artists (outside the US) have heard about CC, to create
something without a reasonable demand is not easy, yet I agree its
maybe possible.

thought:
From talkin with artists in Australia through http://www.myspace.com/
optoutofAPRA it seems that the only income that very much more than
most "Self Published" artists are able to get is through "Live
Performance". also, some artists have said that they are upset that
non-profit clubs/venues/spaces end up having to pay for the use of
content. So question is.
If an artist performs works in a non-profit space, does that non-
profit venue still have to pay the collection societies for use of
that artists works ? that is if the artist has licenses that/those
works with a CC license.

this very much depends on the circumstances. in most cases these places will have to pay if CC licensed repertoire of Buma/Stemra members is performed. This depends on a number of factors especially if a cover sis charged for the event, if there are other revenue generating activities in connection with the gig and if the concert does only consist of CC licensed material.

I do not think that this issue will be easyly resolved by any arrangement between CS and CC. In this situation it might make more sense to simply not become a CS member in the first place (but then i do not really know enough about the concrete situation in Australia)

best,
paul (cc-netherlands)
--
paul keller | kennisland
t +31205756720 | e: pk AT kl.nl | www.kennisland.nl







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