[cc-licenses] Thoughts on new wording RE collection societies etc.

drew Roberts zotz at 100jamz.com
Fri Jan 18 15:40:00 EST 2008


I am not sure of the best way to word something like this so here is my first 
take at it...

From: by-sa/3.0/us/legalcode:

e. For the avoidance of doubt, where the Work is a musical composition:

   1. Performance Royalties Under Blanket Licenses. Licensor waives the 
exclusive right to collect, whether individually or, in the event that 
Licensor is a member of a performance rights society (e.g. ASCAP, BMI, 
SESAC), via that society, royalties for the public performance or public 
digital performance (e.g. webcast) of the Work.
   2. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive 
right to collect, whether individually or via a music rights agency or 
designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You 
create from the Work ("cover version") and distribute, subject to the 
compulsory license created by 17 USC Section 115 of the US Copyright Act (or 
the equivalent in other jurisdictions).

f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, 
where the Work is a sound recording, Licensor waives the exclusive right to 
collect, whether individually or via a performance-rights society (e.g. 
SoundExchange), royalties for the public digital performance (e.g. webcast) 
of the Work, subject to the compulsory license created by 17 USC Section 114 
of the US Copyright Act (or the equivalent in other jurisdictions).

and from: by-sa/3.0/legalcode:

e. For the avoidance of doubt:

   1. Non-waivable Compulsory License Schemes. In those jurisdictions in which 
the right to collect royalties through any statutory or compulsory licensing 
scheme cannot be waived, the Licensor reserves the exclusive right to collect 
such royalties for any exercise by You of the rights granted under this 
License;
   2. Waivable Compulsory License Schemes. In those jurisdictions in which the 
right to collect royalties through any statutory or compulsory licensing 
scheme can be waived, the Licensor waives the exclusive right to collect such 
royalties for any exercise by You of the rights granted under this License; 
and,
   3. Voluntary License Schemes. The Licensor waives the right to collect 
royalties, whether individually or, in the event that the Licensor is a 
member of a collecting society that administers voluntary licensing schemes, 
via that society, from any exercise by You of the rights granted under this 
License.

OK, now I am not sure I have this right, but to the best I have been able to 
determine with some initial digging here, even if I wave my rights, it will 
not change the amount due by a radio station that has an agreement with PRS.

So what I was thinking was to include wording along the lines that I waive my 
rights where I can except in cases where waiving them will not result in a 
savings for the person making first / direct use of the work.

Let's say a business has an agreement with a collecting society where they pay 
X% of their gross to use any works they represent.

Let's say I have some BY-SA songs thet the collection society either directly 
or indirectly collects royalties for.

Let's say this is in a country where I can waive my rights.

Given these circumstances, (Do they exist anywhere in the world? I think they 
might here, but I am still checking.) my waiving my rights will not result in 
any savings to the company playing my songs, say a radio station or a store, 
and do I would not want them waived, even though I can.

Then it would be up to the companies in my country to negotiate deals with the 
collection society where they can take advantage of such waivers by me before 
I would actually waive my rights for them.

Right now, I would be waiving them but they would still be being collected. 
Not what I would want.

Is any of this clear to anyone? If so, can you think of a simpler way to 
explain it all?

all the best,

drew



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