Development of Creative Commons licenses

[wiki_tomos <wiki_tomos AT inter7.jp>]

Peter Brink wrote:

>Daniel Carrera asks a few questions about the scope of a cc-license. 
>When a licensor licenses a work under a cc-license does that mean that 
>he licenses the work as cast into a particular physical form or does he 
>offer a license for all the possible physical forms the work that he has 
>and/or will create?
>
>This is an interesting question. IMO the license only applies to the 
>particular physical form of a work that has a cc-license attached to it. 
>My reason for this line of reasoning is that the license is 
>non-exclusive, meaning that the copyright holder retains the full 
>copyright of the work; he can create more copies of the work and create 
>derivative works based on the work. 

While I seems to think slightly differently regarding the WAV/mp3 
issue, I tend to agree that CC licensing mp3 and selling WAV would be 
okay. Licensing mp3 format of a recording on one website and selling it 
without CC license on another site, I tend to think, is okay, too. 

But I realized that I am not sure if the author retains full copyright. 
What do you think about this part (from CC-BY-SA 2.5)?

3.e.i.
"Performance Royalties Under Blanket Licenses. Licensor waives the exclusive 
right to collect, whether individually or via a performance rights society 
(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public 
digital 
performance (e.g. webcast) of the Work."

3.e.ii.
"Mechanical Rights and Statutory Royalties. Licensor waives the exclusive 
right 
to collect, whether individually or via a music rights society or designated 
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from 
the Work ("cover version") and distribute, subject to the compulsory license 
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in 
other jurisdictions)."

It seems that this is a declaration of waving of certain exclusive rights. 
Once this act of waving is done, by CC-ing a work, can you still collect 
performance royalties? I doubt. Is it legal to hide the fact that you waived 
your right to some of your bisuness partners? I don't know...

When a song is publicly performed without proper license notice, and 
other requirements of the CCPL, can the author collect the royalty? 

Why isn't this part written differently so that the author would retain all 
the rights, but promise not to exercise the rights as long as the licensee 
follows the license terms? 



Best,

Tomos