Creative Commons Aotearoa New Zealand discussion

[Jessica Coates <j2.coates AT qut.edu.au>]

Just to add to this answer.

APRA's Australian office are currently in talks with CCau to set up a system 
where their members could use CC licences.

In the meantime, they've said they're happy for people to use them, as long 
as they inform APRA.

I'm not sure what legal situation this would put the member in, but there is 
at least good will there.


Jessica Coates
Project Manager
Creative Commons Clinic
Queensland University of Technology
 
ph: 07 3138 8301
fax: 07 3138 9395
email: j2.coates AT qut.edu.au

-----Original Message-----
From: cc-nz-bounces AT lists.ibiblio.org 
[mailto:cc-nz-bounces AT lists.ibiblio.org] On Behalf Of Nicolas Suzor
Sent: Friday, 23 January 2009 2:21 PM
To: Creative Commons Aotearoa New Zealand discussion
Subject: Re: [Cc-nz] A question!

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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> http://www.creativecommons.org.nz/
>
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