Creative Commons - Belgium

["Wim Schreurs" <wim.schreurs AT vub.ac.be>]

Dear all,

I think the answer may be the following:

1. In principle, this communication to the public falls under Sabam and
other collecting society's 'jurisdiction' or competence to collect.

2. If the authors-composers are not a member of Sabam or an affiliated
collecting society of Sabam, the latters don't have the right to collect
because they do not present a member.

3. If only some of the authors-composers are member of Sabam or its
affiliates, then there should be a proportional payment to Sabam (who
collects for its affiliates and the songs are in the 'catalogue' of these
societies).

4. If the songs are put under cc label while the authors-composers are at
the same time members of Sabam or an affiliated collecting society, then you
should not pay because it is them and not you who have a problem breaking
their contract with Sabam/collecting society (if Sabam/a collecting society
has indeed the rights) and commun icating to you that you can use the music
according to their cc license.

Kind regards,
Wim Schreurs

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Today's Topics:

   1. Sabam (Michel Berghs)
   2. Re: Sabam (Pieter Roosens)


----------------------------------------------------------------------

Message: 1
Date: Fri, 24 Nov 2006 19:04:04 +0100
From: "Michel Berghs" <michel.berghs AT gmail.com>
Subject: [Cc-be] Sabam
To: cc-be AT lists.ibiblio.org
Message-ID:
        <622918ba0611241004u56d673c1rfa393a10c475609a AT mail.gmail.com>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed

Hello CC Belgium,
I have a question regarding CC-music and Sabam. In the first half of
2006 I organised with my non-profit organisation (MUP) 6 parties (free
entrance). On these parties I only played music that I downloaded from
archive.org, all songs coming with a CC-license. Sabam did a short
inspection on 2 parties. A half year later they sent a bill for the
six parties.
Question: does playing songs fall under the CC-license, is it a form
of distribution, or is it an apart form that falls under Sabam
restrictions? If an artist is a member of Sabam, but publishes a song
under the CC-license, can I play this song without paying Sabam? If
not, what's the use of this license, that tells that you can
distribute this song for free (in the presumption that playing is
distributing)?
In other words: do I have to pay Sabam?

Thank you for your cooperation,
Michel Berghs,
chairman vzw. MUP
website: www.netlabelism.net

--
Jedermann sein eigner Fussball !

www.netlabelism.net
www.radioscorpio.com/netwaves
www.archive.org/details/netwaves

+32 484 61 80 87


------------------------------

Message: 2
Date: Tue, 5 Dec 2006 10:23:05 +0100
From: Pieter Roosens <pieter AT roosensdesign.com>
Subject: Re: [Cc-be] Sabam
To: cc-be AT lists.ibiblio.org
Message-ID: <B69BA75C-176A-47F1-A78A-4C79C4ADB492 AT roosensdesign.com>
Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed

Hi Michel,

Although I am not a lawyer I think you got the permission from the
artists to play their music, because them using the CC-license.
Sabam has a problem with CC because they say they cannot collect in
different ways for different songs.
The artists have a contract with Sabam, giving Sabam exclusive rights
to collect.
So I think the artists have a problem with Sabam if they are members.
This is only my opinion, but shure there is a lot going on about this
issue nowadays, because the big conflict between the way Sabam works
and the new media ... To be continued ...

Pieter

Op 24-nov-06, om 19:04 heeft Michel Berghs het volgende geschreven:

> Hello CC Belgium,
> I have a question regarding CC-music and Sabam. In the first half of
> 2006 I organised with my non-profit organisation (MUP) 6 parties (free
> entrance). On these parties I only played music that I downloaded from
> archive.org, all songs coming with a CC-license. Sabam did a short
> inspection on 2 parties. A half year later they sent a bill for the
> six parties.
> Question: does playing songs fall under the CC-license, is it a form
> of distribution, or is it an apart form that falls under Sabam
> restrictions? If an artist is a member of Sabam, but publishes a song
> under the CC-license, can I play this song without paying Sabam? If
> not, what's the use of this license, that tells that you can
> distribute this song for free (in the presumption that playing is
> distributing)?
> In other words: do I have to pay Sabam?
>
> Thank you for your cooperation,
> Michel Berghs,
> chairman vzw. MUP
> website: www.netlabelism.net
>
> --
> Jedermann sein eigner Fussball !
>
> www.netlabelism.net
> www.radioscorpio.com/netwaves
> www.archive.org/details/netwaves
>
> +32 484 61 80 87
> _______________________________________________
> Cc-be mailing list
> Cc-be AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-be



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