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cc-licenses - Re: [cc-licenses] PROs [was: Thoughts on NC]

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Subject: Development of Creative Commons licenses

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  • From: Gisle Hannemyr <gisle AT ifi.uio.no>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] PROs [was: Thoughts on NC]
  • Date: Wed, 11 Apr 2012 03:54:34 +0200

On 10.04.2012 00:47, Blaise Alleyne wrote:

> I'm not sure there's anything that can be done from the CC side on
> opening the possibility of some sort of dual licensing, at least
> with respect to free CC licences...

That won't fly with most PROs. Most PROs insist that you do
not dual license the specific rights you've already assigned to
the PRO to others (i.e. the right to collect royalties - they
don't care about other rights, such as so-called "big" rights).

I've discussed this extensively with TONO (the Norwegian PRO), and
they say that they think the problem is with the CC licenses. If
the license was changed to allow the PRO to collect royalties, then
TONO could not object to its members CC licenses, because then the
CC license would not contest the license the performer/composer
already has assigned to TONO (i.e. there would be no conflict).

That is why I have proposed this change for version 4.0.

> from what I've gathered, it's more of a problem with PRO membership
> requirements and the assumption that they'll manage all performance
> rights for artists... not sure how prevalent that is among other
> PROs besides SOCAN...

As far as I know, it is a very common requirement. The only PRO I
know about that allows for parallel licensing is ASCAP in the US.

PROs are member-governed organisations. This means that the
requirements for membership is what the majority of members
decide should be the requirements for membership. Most members
of TONO I've talked to seems to like the present requirements,
so I don't expect this to change soon.
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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