Creative Commons - Belgium

[Severine Dusollier <severine.dusollier AT fundp.ac.be>]

yes. We do have a problem with the rémunération 
équitable for performers' and producers' rights. 
We are currently trying to revise a difficult 
provision in CC v.2 Belgium when translating the 
last version of CC license to solve that issue.
But, in my view, it would apply only if you have 
a producer affiliated with SIMIM or a performer 
affiliated with a performers' rights society such 
as URADEX.
THis is the most intricate problem of CC licenses 
right now. SO I don't have a definitive answer on 
that. Sorry.

Séverine

At 18:41 +0100 27/11/07, Mark Van den Borre wrote:
> Hi Sévérine,
>
> 2007/11/27, Severine Dusollier <severine.dusollier AT fundp.ac.be>:
>
> >  If you play only CC-licensed music and can prove it, you should not pay
> >  anything to the Sabam.
> But we would have to pay "billijke vergoeding/rémunération équitable"
> right? Have a look at our situation form the following perspective:
> * The legal way would cost money.
> * The CC artists we play would never see a cent of this money.
> * The distribution of the money to artists is a mess.
> * Simim's license is scheduled to be withdrawn 
> 2007/02/22, the day before FOSDEM
> * Music between tracks is not FOSDEM core business
> * Many CC musicians do not want their audience to pay money to the
> "billijke vergoeding/rémunération équitable" monopoly.
> * Many free software enthousiasts don't want to strengthen the teeth
> that bite digital freedom.
>
> Are there legally safe or tested ways around this?
>
> What about:
> * using MIDI files?
> * asking for a 0.01¤ entry fee to make it a "non-public" event and as
> such exempt from "billijke vergoedig/rémunération équitable"
>
> >  If there is any problem I could intervene.
> That is really nice of you!
>
> >  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.
> Shouldn't they sue their own members here, and not organisers?
>
> Mark
> --
> Mark Van den Borre
> Noormannenstraat 113
> 3000 Leuven, België
> +32 486 961726