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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: "Dana Powers" <dana.powers AT gmail.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: Mon, 16 Jul 2007 15:51:47 -0700

The URI inclusion section is not unique to the ShareAlike licenses
(it's in all of them). Yes, it may be a hinderance to radio
broadcasts, depending on how it is interpretted. I think creative
radio minds could come up with a reasonable solution. Moreover, I'd
be terribly surprised if saying "that song is licensed under a
Creative Commons Attribution-ShareAlike license" instead of naming an
exact URI would be considered a material breach. But, again, this has
nothing to do with Share-Alike-ing.

My only point was that radio broadcasts are unlikely to trigger a
Share-Alike clause.

dp

On 7/15/07, drew Roberts <zotz AT 100jamz.com> wrote:
On Sunday 15 July 2007 09:00 pm, Dana Powers wrote:
> In the U.S., and I assume elsewhere, it is the performance right for
> the musical composition that is required to broadcast a song over the
> (spectrum) radio. A broadcast isn't considered a derivative work so
> the Share-Alike section of the CC would likely not be triggered.

>From 3.0 4.a. :

"You may Distribute or Publicly Perform the Work only under the terms of this
License. You must include a copy of, or the Uniform Resource Identifier (URI)
for, this License with every copy of the Work You Distribute or Publicly
Perform."

So, to play a BY-SA song on the radio and keep with the license, you need to
include a copy of the URI... That is a public performance, right?

When I asked about this before, it was suggested that the URI be read out
(letter by letter?) whcih seems like it would not make for the best radio.

Does anyone have any other ideas as to how BY-SA works could be broadcast in a
normal sounding radio music show?

So, in the absence of better ideas, it seems the choices might be to use the
BY-SA license and have a funky sounding show or pay for a liecnse through a
collecting society and have a decent sounding show.

Or am I being totally daft and missing something basic?

> You
> could try to argue that "adaptations" under the license are broader
> than derivative works, but my guess is that would not get very far.
> Very bad idea to rely on a judge to apply Share-Alike to radio
> broadcasts.
>
> dp

all the best,

drew
>
> On 7/15/07, drew Roberts <zotz AT 100jamz.com> wrote:
> > On Sunday 15 July 2007 09:02 am, Paul Keller wrote:
> > > On Jul 15, 2007, at 2:57 PM, drew Roberts wrote:
> > > >> If you do not care about
> > > >> Collecting Societies you are better advised using a non-NC license.
> > > >
> > > > I don't follow the logic of that last sentence, can you please
> > > > elaborate.
> > >
> > > longer version: if you do not care about collecting societies (and
> > > this i am assuming means that you are not interested in royalty
> > > payments for uses of your works) you can better use license that
> > > includes royalty free use of your work by anyone even for commercial
> > > uses.
> >
> > Sorry, my bad. I must have been blind on that sentence. Missed the
> > non-non-commercial and read simply non-commercial. It makes fine sense as
> > written. I was just caught out by the double negative...
> >
> > Would you care to comment on the thoughts of collecting societies
> > collecting for use of BY-Sa works on broadcast radio.
> >
> > > best, paul
> > > --
> > > paul keller | knowledgeland
> > > t: +31205756720 | e: pk AT kl.nl | www.knowledgeland.org
> >
> > all the best,
> >
> > drew
> > --
> > (da idea man)
> > Working on a Movie Script or two in June 2007
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenses AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
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--
(da idea man)
http://pc.celtx.com/profile/zotz
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