Cc-au mailing list

["Damian" <damian AT ponyloaf.com.au>]

Hi Nic,

You are kind of too late, the CD and cover has gone off to the printer, but 
luckily the advice you gave corresponds with how we decided to approach it 
anyway. 

We decided to make only 1 track on the CD some rights reserved, this track 
was licenced with an Attribution-NonCommercial-NoDerivs licence. This track 
will also be available on our web site for download.

We decided to take this approach because we felt that if all the tracks were 
licenced for legal reproduction and noncommercial distribution on our CD then 
this would actually encourage people to copy and distribute, which is likely 
to damage our CD sales, at least initially when the CD first hits the shelves 
and has some publicity. We also reasoned that all tracks could be licenced 
with CC later down the track and made available on our web site, after the 
initial 'rush' (i use the term loosely) has stopped.

I think this is a good strategy because it allows us to get maximum benefit 
from the 'busy period' when the CD is new and there is publicity associated 
with it. Having one track available for distribution provides people with a 
sample, which is effectively promotion, and also reinforces that the other 
tracks on the CD are not distributable. People are hopefully encouraged to 
buy the CD through this approach. 

I expect that sales would naturally decline after some time on the shelves. 
As this happens it is beneficial to re-release the tracks under CC on the 
web, as this will allow broader distribution than our CD distributor can 
reach and provide promotion again in new markets (ie. internationally).

That's the theory anyway. Of course it's an independant release and we are 
not expecting sales to be anywhere near significant, but i just thought that 
it was worthwhile to explain the approach for reference.

If you'd like to get yourself a copy of the CD it's called "O-Complex" by 
Ponyloaf. It will be released in August and more details including how to 
purchase will be at www.ponyloaf.com.au

cheers
Damian


----- Original Message -----
From: Nic Suzor
Sent: 7/5/2004 4:35:35 PM
To: damian AT ponyloaf.com.au
Cc: Cc-au AT lists.ibiblio.org
Subject: Re: [Cc-au] update on CC

> Hi Damian,
> 
> First off, I have to apologise that I couldn't reply to you sooner -
> hope it's not too late.
> 
> The Australian ports of the Creative Commons licences are now in their
> final stage of drafting. They should be released later this month, I
> believe. If you need to licence sooner than that, you can use the
> international licences.
> 
> Creative Commons licences sound perfect for your use. You will have to
> talk to you publisher first, because if they have an exclusive licence
> to your content, you may have some trouble licencing under less
> restrictive terms.
> 
> If you want people to be able to rip and share the music from your
> commercially distributed CD, you will have to indicate that clearly (on
> the CD case, in the liner notes or on the CD itself). You can release
> the music with a traditional licence on the CD, and then release the
> songs separately on the Internet under a CC licence (subject to the
> terms of your agreement with your publisher), but this might not achieve
> what you want to do. Technically, this would mean that users have the
> right to download copies from the Internet, but they still have no
> right to rip and share the CD that they bought.
> 
> I would suggest talking to your publisher and trying to get the CD
> itself released under a CC licence. Most likely you would be looking at
> an Attribution-NonCommercial licence. NonCommercial means that no-one
> else can use the work for commercial purposes, without talking to you
> (or your publisher) first. This way, you can still offer the CD
> commercially and expect the same sales you would normally see.
> 
> You may also want to impose some conditions on modification. If you want
> to restrict people from remixing your music, you can add a -NoDerivs
> term. Alternatively, you can use the -ShareAlike term to force anyone
> who makes changes to your music to make it available for others down the
> line.
> 
> If after talking to your publisher you still have concerns, I suggest
> you get expert legal advice from a solicitor in your area.
> 
> Hope this helps, and keep us updated on how you go!
> 
> Regards,
> 
> 
> Nic Suzor
> nic AT suzor.com
> 
> Damian [Tue Jun 22, 2004 at 09:07:37PM -0600]:
> > Hi,
> > 
> > I've just subscribed to the discussion and i was wondering if I could get 
> > an update on where CC licences for Australia are currently up to and how 
> > i might be involved. The archives are looking pretty sparse.
> > 
> > I am a writer/author of musical works that is interested in using 
> > Creative Commons licences to distribute music. In particular i am 
> > wondering if i can use Creative Commons to reserve 'some rights' on our 
> > CD publication which will be released in August. The idea is to allow 
> > people who buy the CD to legally do what they will do anyway, burn the cd 
> > for their friends, rip it to MP3 and P2P fileshare it. We are not against 
> > such activity but would also release the CD commercially through an 
> > exclusive licence with our publishing agent. If anyone has any advice 
> > about that scenario it would be greatly appreciated.
> > 
> > cheers,
> > Damian Lewis
> > 
> > _______________________________________________
> > Cc-au mailing list
> > Cc-au AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-au
>