Creative Commons - Belgium

[Bruno De Bondt <bruno AT indymedia.be>]

Thanks Severine for your reply.

There is one other thing that's unclear to me: the matter of the
compensation that needs to be paid to the performers of the music,
collected by Uradex. Is it correct that this Uradex compensation needs
to be paid in any case, even if the performer is not associated with
Uradex? Or is it safe to assume that if the composer licenses his/her
work under CC, and the performer isn't associated with Uradex, then
nothing has to be paid? I'm asking because the Belgian CC license states
that it doesn't regulate this compensation (point 4.d in the license -
http://creativecommons.org/licenses/by-nc-nd/2.0/be/legalcode.nl).

In any case, during the Indymedia.be Open Doors' day (20th January) the
people of Netlabelism will play great CC music nonetheless :)

thanks, see you soon,
-- bruno



Severine Dusollier wrote:
> Dear Bruno,
>
> If you play only CC-licensed music and can prove it, you should not
> pay anything to the Sabam.
> I would suggest you get in contact with the responsible of those
> perceptions at Sabam and explain your case.
>> The responsible for brussels is :
>> Philippe Gontier
>> Gérant de la Filiale
>> Sabam - Région de Bruxelles Capitale
>> Rue d'Arlon 75-77 bte 2
>> 1040 Bruxelles
>> Tel :++32 2 286 84 74
> Fax ++32 2 742 24 60
> E-mail : agent.bruxelles AT sabam.be
>
> If there is any problem I could intervene.
> That implies however that you can demonstrate that all the music you
> will play is licensed under CC.
>
> BUT (and it is a big BUT), it is true that if some artists are members
> of the Sabam (and of any European collecting society with which SABAM
> collaborates to collect copyright royalties), those artists are
> normally not allowed to license their works under a CC license.
> Therefore, for those artists, the licenses they put on their works is
> not valid for the Sabam.  THis is a big issue right now for CC.
> Anyway, I would not raise this point to the Sabam, let them find this
> legal intricacy by themselves.
>
> If you have any more questions, you can always call or email me
>
> Séverine
> belgium CC project leader
>
>
> /
> /
> Professor - University of Namur
> CRID (Research Center in Computer Law)- Head of the IPR Department
>
> Rempart de la Vierge 5          Tél: +32 81 72 47 60
> 5000 NAMUR                  Fax: +32 81 72 52 02
> BELGIIUM                    severine.dusollier AT fundp.ac.be
> http://www.crid.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?
>>
>> Thanks,
>> -- bruno
>> bruno AT indymedia.be
>>
>> -------- Original Message --------
>> Subject:       Re: [FOSDEM-FIT] Music between talks
>> Date:       Sun, 18 Nov 2007 23:26:30 +0100
>> From:    Jan-Frederik Martens <jfmartens AT fosdem.org>
>> Reply-To:    fit AT lists.fosdem.org
>> To: fit AT lists.fosdem.org
>> References: <4740B8CD.6000903 AT fosdem.org>
>>
>>
>>
>> Pascal Bleser wrote:
>> > But it's just an idea, really. What do you think ?
>>
>> A legal/financial remark:
>> You may think it's crazy, but even if we use Creative Commons or similar
>> music, we'll still have to pay the bastards of the 'Billijke Vergoeding':
>>
>> http://www.debillijkevergoeding.be (down for the moment)
>> http://www.unizo.be/viewobj.jsp?article=10014 (dutch)
>> http://www.chiro.be/artikel.php?id=672 (dutch)
>>
>> In short: Sabam needs to be payed for composer/author royalties (does
>> not apply here), De billijke vergoeding has to be payed for the
>> performance.
>>
>> I've had a quite unpleasant e-mail correspondance with them a couple of
>> years ago about a similar situation.
>>
>> JF
>>
>>
>> --
>> ---------------------------
>> Jan-Frederik Martens
>> jfmartens AT fosdem.org
>> FOSDEM 2008 : 23-24/02 2008
>> ---------------------------
>> _______________________________________________
>> FIT mailing list
>> FIT AT lists.fosdem.org
>> http://lists.fosdem.org/mailman/listinfo/fit
>>
>>
>> --
>>
>> Benefietconcert Indymedia.be - 23/11 - Novanoïs, Brussel
>> Info: http://www.indymedia.be/extra/2007/11/23/index.html
>>
>> Bruno De Bondt
>> Web/tech Indymedia.be
>>
>> bruno AT indymedia.be
>> http://www.indymedia.be
>>
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>
>
> -- 
>   

-- 

Bruno De Bondt
Web/tech Indymedia.be

bruno AT indymedia.be
http://www.indymedia.be

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