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  • From: Nicolas Suzor <nic AT suzor.com>
  • To: Creative Commons Aotearoa New Zealand discussion <cc-nz AT lists.ibiblio.org>
  • Subject: Re: [Cc-nz] A question!
  • Date: Fri, 23 Jan 2009 14:20:34 +1000

Hi Zoe,

APRA takes an assignment of the communication and public performance
rights in all of their members' music, past and future. Essentially,
this means that after joining APRA, a musician is no longer able to
license her music under a CC licence, because not all the rights she
wants to licence belong to her.

APRA offer two limited methods to reclaim those rights, 'opt-out' and
'license back', but neither of those options is suitable for releasing
tracks under a CC licence.

This is a problem that we hope to overcome with APRA, but so far, no
ability exists for a musician to legally have APRA collect royalties
for commercial performance and to use a CC licence for non-commercial
use.

Regards,


Nic Suzor

On Fri, Jan 23, 2009 at 2:11 PM, Zoe Drayton <zoe AT audiofoundation.org.nz>
wrote:
> Hi All
> Happy New Year
> We run a charitable trust called the Audio Foundation where artists can
> upload their music for listening purposes under
> the Attribution-Noncommercial-No Derivative Works 3.0 New Zealand.
> An artist has just written and asked this:
> " I wonder if you can clarify the situation regarding posting material to
> the site that has been previously issued under full copyright.
> I want to upload some of my electroacoustic pieces, and I'd be happy for
> them to be there under a Creative Commons license for non-commercial use.
> However, they are registered with APRA for the collection of performance
> royalties for broadcast, public performance, etc. I'm not sure whether the
> works can be under different licences in different contexts, or whether the
> agreement I have with APRA precludes that. (Unfortunately I can't find a
> copy of that agreement to see exactly what it says.)
> I'm having no luck getting a sensible answer from APRA on this--I get the
> impression they don't understand Creative Commons at all, and even regard it
> as threatening. What's your perspective? What have other artists done? (I
> presume there are other APRA members among the contributors to the site?)
> Thanks very much"
> I have suggested that in the meantime, that it be presented as non
> downloadable - which is an option on the site. But would anyone be able to
> help us with this at all?
> Any help would be much appreciated
> very best
> Zoe
>
> The Audio Foundation
> PO Box 68518,
> Newton,
> Auckland 1145
> NZ
> Email: zoe AT audiofoundation.org.nz
> Web: http://www.audiofoundation.org.nz
> For the support of innovative audio culture in New Zealand
>
>
>
>
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> Creative Commons Aotearoa New Zealand
> http://www.creativecommons.org.nz/
>




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