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cc-licenses - Re: [cc-licenses] Thoughts on NC

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Subject: Development of Creative Commons licenses

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  • From: Gisle Hannemyr <gisle AT ifi.uio.no>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Thoughts on NC
  • Date: Fri, 20 Apr 2012 15:32:21 +0200

On 16.04.2012 10:43, Arne Babenhauserheide wrote:
> Gisle Hannemyr wrote:

>> So I take a few steps back, and try again to explain just *why*
>> I think that section 2(b)(2) "other rights" should be replaced
>> with the following text in CC ver. 4:
>>
>> The Licensor waives the right to collect individual royalties
>> from You. However, where the Licensor has entered into a voluntary
>> agreement with a collecting society that is entitled to collect
>> royalties on behalf of the Licensor, or where there exists a
>> statutory or compulsory licensing scheme (e.g. extended collective
>> licenses) for collecting such royalties, such agreements or
>> licensing schemes are not invalidated by this Public License.

> I don’t know if I understand that correctly.
>
> Does that mean, that if these collectors exists and I don’t pay money to
> them, I am not allowed to use the cc work?

No.

If these collectors exists and you do *not* buy a blanket license
from them, then CC gives you permission to use the work (just
like it does today).

However, if these collectors exists (in your jurisdiction), and
you buy a license from them, then the money you pay for this
license will be have to be paid to *all* the artists that are
entitled to a share the maoney under the blanket license.

Under the current proposal, using CC means to the artists waives
the right to receive any money collected under a non-compulsory
collective license.
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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