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  • From: Paul Keller <paul AT creativecommons.org>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: [CC-Europe] CC 4.0: Input Requested
  • Date: Wed, 30 May 2012 23:21:14 +0200

Dear all,

We are writing to obtain your expertise as our affiliates relative to a
question that has arisen in the 4.0 drafting process. In particular, CC HQ
wants to learn more about a collecting society arrangement raised on the CC
license discuss list.[1] We would like all jurisdiction teams to answer a
few questions below by no later thanTuesday, June 5th. Please send your
replies to this list or to Jonas (who will collect and bundle them).

In some jurisdictions, collecting societies are given authority to negotiate
extended collective licenses on behalf of both its members and non members.
We understand from the CC license discuss list that in some countries, when a
non member of such a CS applies a CC license to a work that is also the
subject of a separate license negotiated by the CS, the CC license (or at
least that collecting society waiver provision) will be deemed to take
precedence over license arrangements negotiated by those CSs with third
parties. We understand that the CC licensor/non member thereby loses the
right to collect payments received by the CS under the EC license due to the
waiver in the CC license of the right to collect royalties under the CC
license for uses the CC license permits. We also understand from the license
list that this outcome could be changed if the CC License didn't waive the
right to collect royalties for uses permitted by the CC license. That is,
that if the right to collect were reserved in the CC license for uses the CC
license permits, then that would be sufficient to allow the CC licensor to
receive monies collected by the CS under the other, separate license for the
same work(s).

HQ would like to have more details about the source of this precedence rule,
and identify where this rule or a similar rule may exist. In particular, we
would appreciate hearing from each CC affiliate jurisdiction team:

(1) Is there a rule of precedence or other similar rule in your jurisdiction
that precludes collection by a non member CC licensor of monies collected on
his/her behalf through an extended collecting licensing arrangement? Please
identify the law or other source (via a link or other), if possible.

(2) If such a rule does exist, can a non member/CC licensor opt out of that
treatment through some means and still both use CC licenses (as is, with the
waiver) and receive those monies?

(3) If such a rule does exist and there is no opt out, please propose if
possible suggested language for the CC license that changes that result, such
that that non members could both use CC licenses and still collect monies
separately collected by such a CS under the EC license?

Please note that CC has not decided whether the result should change in 4.0.
We are instead attempting to learn as much as possible at this first stage of
inquiry.

Please submit responses by no later than next Tuesday, June 5th at the
latest. Let either Diane or me know if you have questions.

many thanks in advance/Paul


[1] The issue was first raised by on the CC license discuss list by Gisle
Hammerly (thanks). See the following threads for details:

https://lists.ibiblio.org/sympa/arc/cc-licenses/2012-April/006849.html
https://lists.ibiblio.org/sympa/arc/cc-licenses/2012-April/006789.html


  • [CC-Europe] CC 4.0: Input Requested, Paul Keller, 05/30/2012

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