[Cc-be] CC music at Fosdem

Severine Dusollier severine.dusollier at fundp.ac.be
Tue Dec 4 11:56:43 EST 2007


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* Simim's license is scheduled to be withdrawn 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




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