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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 de la Cueva <jdelacueva AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] Creative Commons and Collection Society
  • Date: Mon, 16 Jul 2007 12:26:15 +0200

Paul Keller escribió:
> On Jul 15, 2007, at 5:32 AM, Javier Candeira wrote:
>> Kevin Phillips (home) wrote:
>>> 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.
> eh, i do not think it is the intention of CC nor in the intrest of
> artists using CC that Collecting Societies become 'useless' or
> 'defunct'. Collecting Societies are doing a fairly good job at
> generating income for artists who chose to become members. As far as
> i understand this is alos CC's 'official' position.

Not in Spain, where there is no transparency and collecting societies
are part of a corrupt system linked to political power.

> regarding the NC licenses i think you do not really understad what NC
> does mean. it does not stand for no commercial uses whatsoever but
> rather states that only non-commercial uses are covered by the
> license. most artists using NC licenses do this because they do what
> to get paid when commercial uses of the licensed works occur. In the
> field of music significant parts of commercial use are covered by
> (blanket) licenses that are administered by collecting societies on
> behalf of their members (and in most countries these are the only
> ways to get paid for use of works by broadcasters). so the logical
> consequence for someone who wants to be reimbursed for commercial use
> of her works is to use a NC licenses and be a member of a CS.
> unfortunately this is not possible outside of the US (speaking about
> musical works here) as the Collecting Societies insist on an
> exclusive transfer of rights to them and do not allow their members
> to use any of the CC licenses. We are working on resolving this issue
> on a number of levels. the references to Collecting societies in the
> CC licenses (which have been standardized in 3.0 see: http://
> Version_3#International_Harmonization_.E2.80.94_Collecting_Societies)
> try to take the above scenario into account. If you do not care about
> Collecting Societies you are better advised using a non-NC license.

When a Spanish author signs for a collecting society, he must assign
_all_ of his past and present rights to the collecting society. Also he
must assign all rights generated during the validity of the agreement.
The duration of this contract is at least 3 years.


> actually it seems that almost all collecting societies are fairly
> critical of CC. in fact they have been among our most vocal and
> persistent critics. Lately there have been some less critical noises
> in some countries and by some representatives, but in general they
> would probably be very happy if we did not exist at all.

We have already won 6 court cases in Spain against CS, court battle is
being very hard and they are very critical against CC, who they affirm
it serves telecomunication industry interests.

Best regards,
Javier de la Cueva

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