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Subject: Development of Creative Commons licenses

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  • From: <zotz AT 100jamz.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Thoughts on NC
  • Date: Mon, 09 Apr 2012 09:30:01 -0400


On Sat, 7 Apr 2012 20:01:12 -0400, Josh Woodward
<joshw AT joshwoodward.com> wrote:
>
> Another significant issue for me, which I discovered only later, was that
> CC-BY is incompatible with performing rights organizations. Logically, as a
> musician, it seems like I should be able to license my music outside of
> Creative Commons and collect the royalties from that. For instance, someone
> comes to me and wants to use my music in a commercial, but they need a
> traditional license because they can't provide attribution. I'm not able to
> collect royalties on that, since CC-BY works can't be registered with PROs.

To me, if this is indeed the case, this is just the PROs being foolish
or actively trying to combat Artists' Freedom.

Since BY and BY-SA are non-exclusive licenses, you could offer one of
those Free CC licenses on a recording and at the same time offer a very
restrictive license on the same recording. The (for instance) radio
station that has a blanket license from a PRO could pay under the
restrictive license and be done with it or they could claim a BY or
BY-SA use and prove it. This would likely be a lot of trouble for the
station for no money saved. They would likely use the restrictive
license of yours under the blanket license from the PRO.

> Again, being ignorant of all things legalese, there may be a good reason
> for this, but it seems really arbitrary to me.

Until I see better reasoning from a PRO as to why this sort of stance
is necessary, I will go with the foolish or actively against Freedom.
Always open to learn though.
>
> tl;dr: Liberalize NC.

all the best,

drew




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