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cc-licenses - Re: [cc-licenses] waiving rights (Case study: Magnatune)

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Subject: Development of Creative Commons licenses

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  • From: wiki_tomos <wiki_tomos AT inter7.jp>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>, Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] waiving rights (Case study: Magnatune)
  • Date: 23 Nov 2005 11:36:08 +0900

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




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