Development of Creative Commons licenses

[Liz Berg <lizb AT wfmu.org>]

Thanks for clearing this up, Paul. I didn't realize that the links I was 
following from the license explanation page all lead to the unported 
versions. I found a link to the 2.5 U.S. license from another site, and 
was thus confused by the differences. This helps immensely!

-Liz

> Date: Fri, 3 Aug 2007 18:15:45 +0200
> From: Paul Keller <pk AT kl.nl>
> Subject: Re: [cc-licenses] SoundExchange, 2.5 and 3.0 licenses
> To: Discussion on the Creative Commons license drafts
>         <cc-licenses AT lists.ibiblio.org>
> Message-ID: <9EB8792F-27A1-4DCA-84B9-39EA72A4E92A AT kl.nl>
> Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed
>
> Dear Liz,
> i think you are making a mistake here. you are comparing the generic
> 2.5 licenses with the unported 3.0 licenses. The generic licenses
> where essentially US licenses based on US copyright law. The unported
> 3.0 licenses are intended for jurisdictions that do not have a ported
> version of the CC licenses. As of 3.0 there is a US version of the CC
> licenses and these licenses do contain the same provisions regarding
> mechanical and performance royalties as the generic 2.5 licenses.
> have a look at:
>
> http://creativecommons.org/licenses/by/3.0/us/legalcode  and
> http://creativecommons.org/licenses/by-nc/3.0/us/legalcode
>
> (note that the provisions are different for NC and non-NC licenses).
>
> The term non-waivable coplulsory licensing schemes has been
> introduced to deal with things like levies on blank media that are
> collected in many European jurisdictions to reimburse authors for
> private copying of their works. these shcemes are non-waivable, which
> means regardless if you are using blank media for cc (non-NC)
> licensed music, music that is under all rights reserved or even
> public domain material people have to pay this fee when they purchase
> blank media and the collected money will be distributed among artists
> via collecting societies. as there is no way to get around these
> levies it was decided to make it clear in the authors of cc-licensed
> works do reserve this right. hope this helps
>
> all the best from amsterdam,
> paul
>
> p.s i think that CC needs to be more upfront about the new US CC
> licenses. as far as i can tell these are not really widely know
>
>
> On Aug 3, 2007, at 5:33 PM, Liz Berg wrote:
>
> > For clarity, it seems as though the CC 2.5 licenses (by-nc and by-
> > nc-nd)
> > address the issue of performance and mechanical royalties in more
> > explicit
> > terms than the equivalent 3.0 licenses.
> >
> > > From what I gather, an artist who uses a CC 2.5 by-nc license cannot
> > collect royalties from a performance rights society, music rights
> > agency,
> > or SoundExchange unless their work was used for a commercial
> > purpose. But
> > please correct me if I'm wrong about that.
> >
> > The 3.0 license, on the other hand appears to be more vague about this
> > issue, breaking it down under more general terms: non-waivable and
> > waivable compulsory license schemes, plus voluntary license
> > schemes. In
> > this 3.0 license, it appears as though there is one case where an
> > artist
> > may still collect royalties on a non-commercial use of their work:
> > if they
> > are bound by a non-waivable compulsory license scheme.
> >
> > What are some examples of a non-waivable compulsory license scheme?
> > And
> > where do SoundExchange, performance rights organizations, and music
> > rights
> > agencies fall under these 3.0 classifications?
> >
> > If I set up a non-commercial web stream that exclusively plays CC 3.0
> > music, will I owe royalties to SoundExchange? How about if that stream
> > exclusively plays CC 2.5 music?
> >
> > Any help or insight would be much appreciated, thanks!
> >
> > -Liz
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenses AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
> --
> paul keller | knowledgeland
> t: +31205756720 | e: pk AT kl.nl | www.knowledgeland.org
>
>
>
>
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> End of cc-licenses Digest, Vol 53, Issue 3
> ******************************************

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