Cc-uk mailing list

[Bernard Hurley <bernard AT fong-hurley.org.uk>]

Hi,

I am a composer of what people call (somewhat paradoxically) "modern 
classical" music. So most of my stuff is written scores, intended for live 
performance. I am currently using GNU lilypond to digitise the texts of my 
scores and I intend to publish them under an "Attribution Commercial 
ShareAlike" CC licence on www.musique-libre.org.uk (wait a few weeks before 
you look as there's nothing there yet). I am not a member of the Performing 
Rights Society and I don't really care what their attitude is provided they 
don't bother me! I don't want them or anyone else to collect royalties for 
me. However a collegue who is a member tells me that he has checked that 
membership bars him from publishing works under a CC licence, although I 
don't know who he spoke to at the PRS.

The PRS web site says this about PRS membership:

======================== start =============================

The Membership Agreement, which when signed by you will only take effect if 
your application for membership is successful, transfers to the Society the 
ownership of your performing and film synchronisation rights.  If you are in 
any doubt as to the effect of the Agreement on your ability to deal with the 
copyright in your works, you are advised to take legal advice before signing 
it. 

The legal transfer or assignment of the rights contained in the Agreement 
will normally be for the territory of the World but you may be entitled to 
exclude certain countries from the scope of the Society's administration of 
your rights. 
 
The Society's articles also permit applicants to exclude part(s) of the 
performing right and/or film synchronisation right from the extent of the 
transfer.  A list of the permitted exclusions may be requested from the 
Writer Admissions team on 020 7306 4805.  Do not sign the Agreement if you 
are intending to exclude any country and/or any part(s) of the performing 
right and/or film synchronisation right from the extent of your assignment to 
the Society.

The Society reserves the right to disclose certain information concerning any 
of your registered compositions to authorised members using the Society's 
Online Services Enquiry System and any associated e-mail or telephone enquiry 
system(s).

===============================end of quote ===============

Perhaps someone from the Creative Commons project could contact the PRS to 
see if CC-licensed works could be made a "permitted exclusion".  I somehow 
doubt that they would do it.  I think most "permitted exclusions" are things 
like performance in a religious service.

Cheers

Bernard