Development of Creative Commons licenses

[Gisle Hannemyr <gisle AT ifi.uio.no>]

On 16.04.2012 10:43, Arne Babenhauserheide wrote:
> Gisle Hannemyr wrote:

>> So I take a few steps back, and try again to explain just *why*
>> I think that section 2(b)(2) "other rights" should be replaced
>> with the following text in CC ver. 4:
>>
>>    The Licensor waives the right to collect individual royalties
>>    from You.  However, where the Licensor has entered into a voluntary
>>    agreement with a collecting society that is entitled to collect
>>    royalties on behalf of the Licensor, or where there exists a
>>    statutory or compulsory licensing scheme (e.g. extended collective
>>    licenses) for collecting such royalties, such agreements or
>>    licensing schemes are not invalidated by this Public License.

> I don’t know if I understand that correctly. 
> 
> Does that mean, that if these collectors exists and I don’t pay money to 
> them, I am not allowed to use the cc work?

No.

If these collectors exists and you do *not* buy a blanket license
from them, then CC gives you permission to use the work (just
like it does today).

However, if these collectors exists (in your jurisdiction), and
you buy a license from them, then the money you pay for this
license will be have to be paid to *all* the artists that are
entitled to a share the maoney under the blanket license.

Under the current proposal, using CC means to the artists waives
the right to receive any money collected under a non-compulsory
collective license.
-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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