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  • From: Javier de la Cueva <jdelacueva AT derecho-internet.org>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: Re: [Cc-uk] collecting societies and creative commons
  • Date: Fri, 15 Oct 2004 17:29:46 +0200

El Viernes, 15 de Octubre de 2004 14:04, Rufus Pollock escribió:
> Recently someone raised the question of the attitude of collecting
> societies to Creative Commons. Under (some) CC licenses the
> collecting society, I believe, will not receive any revenue. Is
> this correct and if so will collecting societies oppose CC
> licenses? For example it was said that in Germany the main
> collecting society had forbidden its members to release CC work (is
> this true?).

It is true in Spain.

Due to our Ley de Propiedad Intelectual (IP Law) there are several
rights the creator cannot waive and that are collected by different
societies (depending on the genre of creation).

For example, a creator cannot waive the right for private copy
compensation, which applies to blank CDs and DVDs (apart from
photocopy machines and recorders). Last year it produced 54 million
euros and collecting societies are the only entities entitled by law
to draw these amounts.

Spanish main collecting society (SGAE) will not allow their members to
release any CC work and will collect the canon even though the artist
is not a member.

--
Best regards,
Javier de la Cueva




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