[cc-licenses] CC and performing right orgs (ASCAP, SESAC, BMI)

Sincaglia, Nicolas nsincaglia at musicnow.com
Mon May 22 10:16:49 EDT 2006


Paul,
	According to the Creative Commons FAQ, it will not confuse the
issue.

http://creativecommons.org/faq#I_am_in_a_band;_can_I_use_Creative_Common
s_licenses_but_still_collect_statutory_royalties_such_as_under_statutory
_licenses_for_public_performances?

I am in a band; can I use Creative Commons licenses but still collect
statutory royalties such as under statutory licenses for public
performances?

Yes, so long as you choose a "NonCommercial" license option (ie.
Attribution-NonCommercial, Attribution-NonCommercial-ShareAlike or
Attribution-NonCommercial-NoDerivatives) because under these licenses
you reserve the right to collect royalties under statutory or compulsory
licenses for commercial use of your work. Whether, as a practical
matter, you can collect these royalties, depends on which country you
are in (check out the answer to the next question). 

Under the Creative Commons licenses that permit other people to make
commercial use of your work (ie. Attribution, Attribution-ShareAlike,
Attribution-NoDerivatives), the licensor waives the right to collect
these royalties.

-----Original Message-----
From: cc-licenses-bounces at lists.ibiblio.org
[mailto:cc-licenses-bounces at lists.ibiblio.org] On Behalf Of Paul
Schwebel
Sent: Saturday, May 20, 2006 12:28 PM
To: cc-licenses at lists.ibiblio.org
Subject: [cc-licenses] CC and performing right orgs (ASCAP, SESAC, BMI)

I'm sure this question comes up regularly, but I just joined the  
list, and haven't seen it discussed.

I'm a musician.  I put my music up online under a CC license because  
the solution to IP issues is to  make  music freely available for non- 
commercial use.

My question is, if I register my songs with ASCAP  will this confuse  
the issue?  My thinking is that, since ASCAP collects royalties for  
commercial use, and my CC license is for non-commercial use, that  
I'm  covered.

Any comments?

Thanks.

-Paul 
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