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  • From: Paul Keller <paul AT creativecommons.org>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] CC 4.0: Input Requested
  • Date: Tue, 14 Aug 2012 18:27:22 +0200

Dear all,

Thanks for your responses to the consultation on Extended Collecting
Societies, which were helpful for us in determining our next steps. This was
a limited consultation on Extended Collective Licensing, to resolve one of
the few remaining open questions about CC's handling of collecting societies.

Based on what we've received, we think that the results are inconclusive
enough that they don't justify any specific change in the way 4.0 handles
this issue.

Though the language in 4.0d2 around collecting societies has been simplified,
it is intended to have the same effect as it does in 3.0. The language in 3.0
is unambiguous -- it does not waive artists' right to collect royalties
(however so collected, by any type of collecting society) in jurisdictions
where they cannot opt out of having it collected for the uses allowed by the
chosen license. (NB: The waiver applies only to uses granted by the
license, not more generally. For uses not permitted, such as commercial uses
not authorized by the -NC licenses, the right to collect is not waived but
fully reserved.) If some collecting societies choose to interpret this
provision differently despite its clear statement to the contrary, we do not
think further revising the language in hopes that they will interpret a new
version differently is productive.

(We did not consider any other related issues during this consultation. In
particular, we did not revisit the policy of requiring waiver of royalties
(where possible) for uses the licenses allow. CC cannot be everything to
everyone; where this option is important to a particular licensor, CC's
licenses may simply be the wrong choice for them.)

The responses to the questionnaire are posted here:
https://docs.google.com/document/d/1CWIuLNDIMnwG34Gwh6i9aOU9hP55fr3eIsNr-L7PKYo/edit

As this is most directly relevant to you, this is to let you know first. We
will post to the public lists shortly.

Thanks to everyone who spend the time completing the questionnaire. We'll be
posting the responses for the general public (with proper disclaimers etc.)
when we post to the main list.

all the best from Amsterdam,
Paul
--
Paul Keller | Creative Commons Collecting Societies Liaison |
paul AT creativecommons.org






  • Re: [CC-Europe] CC 4.0: Input Requested, Paul Keller, 08/14/2012

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