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cc-licenses - Re: [cc-licenses] Broadcast (Text version,hopefully)

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Subject: Development of Creative Commons licenses

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  • From: Mia Garlick <mia AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Broadcast (Text version,hopefully)
  • Date: Mon, 20 Nov 2006 18:35:35 -0800

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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