Creative Commons - Belgium

[Joeri Poesen <joeri AT symbiotix.net>]

let me clearly state I'm firmly on FOSDEM's side.

1. Actually, the Belgian CC license explicitly states that the license does not change anything to the "billijke vergoeding".

2. you get permission to distribute, but that saying that distributing equals playing (or performing) is a personal interpretation

3. contrast the Belgian CC license with the Spanish one: the Spanish one explictly allows public performance, while the Belgian one does not.

My question: can a "billijke vergoeding" be demanded on music published under a non-Belgian CC license? If the problem lies solely with the Belgian CC license, a solution would be to not use Belgian CC'd music, correct?

Thanks
J.

Michel Berghs wrote:

622918ba0711190335h477d9d5cq37749fd6e010c554 AT mail.gmail.com" type="cite">

If you only play music with the CC license, you don't have to pay
Sabam (see http://netlabelism.net/parties),  because you do it in "an
act of trust" (te goedertrouw). If there are artists with music under
CC license and they are member of a collectors society like Sabam,
they are incorrect, and Sabam should sue them. About "billijke
vergoeding": the CC license gives explicitly the permission to
distribute the music, i.e. play music, so I would refuse to pay this
kind of "blackmail".

If you're lookin for CC music, have a look at my site:
http://netlabelism.net/topbits/bystyle

Michel Berghs



On Nov 19, 2007 11:52 AM, Mark Van den Borre <mark AT markvdb.be> wrote:
  

2007/11/19, Bruno De Bondt <bruno AT indymedia.be>:
    

Hello list,

The people of Fosdem, the yearly Free & Open Source Software Meeting
held in Brussels, are considering playing CC licensed music in between
presentations.

Appearantly, they would need to pay Sabam even if the music they play is
strictly CC licensed. Is this correct? Or does it only matter for
artists who are a member of Sabam?
      

This is legally correct. But at least theoretically, there is a way
for the CC artists played to claim their share of the "billijke
vergoeding/rémunération équitable" contribution paid by FOSDEM
vzw/asbl. I have once looked up this mechanism "on the interwebs", and
found it. Unfortunately, I can't find the relevant information
anymore.

I will follow this up with the other FOSDEM people and see if there is
any interest in testing this "claim your share" principle.

Mark
--
Mark Van den Borre
Noormannenstraat 113
3000 Leuven, België
+32 486 961726

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Joeri Poesen
Symbiotix

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