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Subject: Development of Creative Commons licenses

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  • From: Douglas Boyce <douglasboyce AT comcast.net>
  • To: <cc-licenses AT lists.ibiblio.org>
  • Subject: commercial performance options in cc-license
  • Date: Thu, 29 Jan 2004 11:17:36 -0500

I'm looking for a licensing option which more accurately fits the needs of a
concert composer. (aka a 'classical' composer, or a 'serious' composer -
suggestions for a better terminology also welcome!)

Essentially, i'm curious if there has been any discussion of a variant on
the "Non-Commercial" component of the cc-license that would allow for
'commercial' performances [ ie performances for which performers charge
admission ].

In a certain sense, i'm looking for a 'most favored nation' status for live
performance - the economics of classical/concert music have made all but the
least adventurous concerts a losing financial proposition.
For those of us still involved in the composition of experimental (or even
just challenging) music that uses notation, live performance is under the
greatest threat, and the standard legal constructions of 'performance
rights' don't, imho, help things out at all.
Essentially, if some intrepid performer can figure out a way to make some
money off of my crazy-ass music, more power to her! (you don't want to get
me going about ASCAP and BMI and their ineffectiveness, logical and
philosophical shortcomings, their exploitation of performers, or their
sanctimonious 'artist-centered' double talk!)

One of the difficulties is that the cc-license, in the exploration of it
that i've done so far, does not distinguish between different kinds of
commercial activities.
Such distinctions could be legally tricky, if not actually problematic, i
imagine, but philosophically and practically, for the composer of concert
music, this is a pressing issue.

Any thoughts on the matter? I think i might just end up writing a license
of my own, but, then, i'm a composer, not a lawyer, and i'd rather help
further the cause and name of the cc-license as part of this most excellent
project.

Thanks in advance for your help.

Douglas Boyce

Assistand Professor of Composition and Theory
The George Washington University
Washington, DC

president/composer
counter)induction
www.counterinduction.com



  • commercial performance options in cc-license, Douglas Boyce, 01/29/2004

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