Development of Creative Commons licenses

[Mia Garlick <mia AT creativecommons.org>]

the issue of the interaction of CC licenses and collecting society  
membership is complex (http://wiki.creativecommons.org/ 
FAQ#I_am_a_member_of_a_collecting_society. 
2C_can_I_use_Creative_Commons_licenses.3F).  as a general rule, a  
person who is a member of a UK collecting society cannot legally  
apply a CC license to their work because they grant an exclusive  
license/assignment to the society for public performance/online  
transmissions.  UK collecting societies have also been very critical  
of CC licenses, see e.g., http://www.apra.com.au/writers/downloads/ 
creative_commons.pdf and http://www.bmr.org/html/news/news55.htm.

thus, the fees paid to UK collecting societies should not cover the  
use of CC licensed music (although you could ask but i would be very  
surprised).  if the music they are playing is not authorized for  
their use - ie. they are a commercial entity making a commercial use  
and the music is NC licensed - then they should figure out separate  
arrangements with the individual artists to compensate them because  
commercial use of NC licensed is infringing.

On Nov 20, 2006, at 2:32 PM, drew Roberts wrote:

> On Monday 20 November 2006 04:41 pm, Pete Rabjohns wrote:
> > theprojekt.co.uk is a
> >
> > relatively new initiative set up to develop the skills of young
> > Scottish film-makers and musicians.
> > We publish our members' work on our
> > website for review and comment - all of this material is CC licensed
> > (Attribution-Non-Commercial-Share-alike as standard,
> > Attribution-Non-Commercial- No-Derivs when members use copyrighted
> > material from our bank of pre-approved copyrighted materials, or as
> > inherited)
> > We've decided to use ccMixter as a training resource for our members.
> > During our initial research, I was so impressed with some of the  
> > mixes
> > on the site, I sent links to friends so they could enjoy and check  
> > out
> > the site also. Their responses were predictably positive.
> > Several of my friends work in local broadcast radio (commercial) - is
> > there any mechanism that allows them to pick up on certain cc  
> > licensed
> > mixes/remixes
> > and promote them (and ccMixter) to a wider audience? Do the fees they
> > pay to e.g. the performing rights society in the UK, cover them to
> > play CC-licensed material, or if the cc license is non-commercial do
> > they have to approach each individual artist (and previous  
> > contributors
> > in the case of a remix/mashup etc) in each individual case to  
> > negotiate
> > clearance/fees etc?
> > Grateful for your help and clarification
>
> I find this topic interesting. I was thinking along similar lines  
> for works
> licensed CC BY-SA. My thought was to find a way for the person  
> using the
> license to choose whether to simply pay as if the work was all rights
> reserved if that was simpler for them book keeping wise or to claim  
> the CC
> BY-SA use and provide "accounting stats" to the collection society.
>
> I think this would need to cooperation of the various societies and  
> the
> artists would have to join their appropriate society.
>
>
> > Pete Rabjohns
>
> all the best,
>
> drew
> --
> (da idea man)
> National Novel Writing Month
> http://www.nanowrimo.org/index.php
> 562,263,167 words and counting.
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