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cc-licenses - Re: [cc-licenses] Creative Commons and Collection Society

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Subject: Development of Creative Commons licenses

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  • From: Javier Candeira <javier AT candeira.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Creative Commons and Collection Society
  • Date: Sun, 15 Jul 2007 13:32:01 +1000

Kevin Phillips (home) wrote:
> Hey,
>
> There are differences in the licenses, some waiver collection society fees
> and some (ironically imho "NC") do not.
> Far from making the whole collection society thing obsolete, the NC licenses
> fully support it. As long as CC supports collection societies it's never
> going to render them useless or defunct.

IANAL, but as I understand it, in Spain law some economic rights are
a) not waivable
b) collectable only in a "collective" fashion; ie through a Collection
Society.

There is still discussion over whether you can have more than one collective
rights society managing rightholder's monies. So the Spanish port of the
license could not waive those rights, nor declare that they should be used
in any other fashion than collected through a society.

I am copying Javier de la Cueva, who is a Spanish lawyer who collaborated in
the porting of the version 1 and 2 licenses and is an expert on Collection
Societies in Spain.

> serves me well, there are even some countries where their collection society
> isn't cool with Creative Commons at all.

SGAE (Spanish music rights agency) is rather opposed to it. Members sign a
contract whereby SGAE manages their rights exclusively. SGAE has been known
to ask an artist to take down their own music and lyrics from their website,
or pay rights for the distribution.

Sorry for not providing references, I am racing to Hospital to meet my brand
new niece.




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