Cc-uk mailing list

["archiemaddan" <archiemaddan AT btconnect.com>]

Hi,

I'm a british barrister currently working on a pro-bono
basis for a UK NESTA (National Endowement for science
technology and the arts)funded interactive film and software
project (MOD FILMS "HEADBIN" PROJECT) planning to use CC UK
licenses for the release of various material and gaming
content (including software)initially specifically within
the on-line community.

In a previous capacity, several years ago, I handled
negotiations between a London local education authority and
one of the UK copyright collection companies regarding
payments for recorded music. I can only share my
recollections of what took place:

These companies are highly aggressive, they have to be, that
is their role; to provide income for the industries they
represent and the artists they "collect" for.

They look for opportunities to collect income and act pretty
independantly of the rights owners.

They will take a careful interest in the CC UK project; as
has been noted by other contributors to this thread.

There would seem to be two main issues that arise out of
what has been exchanged so far :

Are the planned CC UK licenses effective, in UK (English and
Welsh)law, to act as voluntary waivers on the part of the
grantors (rights holders under the Act)such as to give the
indended protection to users (recipient grantees)against
these legally authorised bodies if they come collecting? My
initial view is a guarded yes on the basis of the usually
applicable doctorines of agency (the relationship between
rights holder and collection company) and estoppal
(promisory, reliance etc).

The second, perhaps more practical issue, is HAS ANYONE
TALKED TO THESE COMPANIES ?

I found them commercial and tough but not unreasonable and
not really willing to push issues too far, except in test
cases (but it was 5 years ago).

I would suggest that these organisations (who do after all
represent the rights holders; "us", are invited to be part
of the process BUT on a no nonsense basis - I.E. they accept
the legal basis of what is going to happen and just agree to
not issue stupid "try on" litigation to try and screw a deal
or concessions out of the CC UK process. (They will, if my
previous experience is anything to go by).

I would be very interested to learn about others' views. I
honestly do not know enough about the Act and the other
arrangements that give them their powers to collect to be
able to say if we can yet confidently rely upon the CC UK
licenses as effective waivers to remove these organisations
from the scene, but they are players with a valid role in
the I.P.  picture (which I'm sure many rights holders
welcome)and as such sould be at least allowed their say, if
only to allow us litigators prior warning of any claims they
might bring that could reduce the whole CC UK preoject to a
lawyers farce (ref. this week's High Court decision which
will have emboldened them).

I await colleagues' contributions.

Archie Maddan
No.1 Plowden Buildings
Temple


----- Original Message Follows -----
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
> _______________________________________________
> Cc-uk mailing list
> Cc-uk AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-uk
>