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  • From: Dr Tim Brookes <t.brookes AT surrey.ac.uk>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: [Cc-uk] Collection Agencies and BBC Radio
  • Date: Thu, 23 Dec 2004 14:49:08 +0000

I'm keen to issue some of my works (musical compositions/recordings) under an Attribution-NonCommercialShareAlike CC licence but have two major concerns. Can someone help to put my mind at rest please...?

Collection Agencies

I'm confused about how, as a member of PRS, MCPS and PPL, I can issue any of my work under a CC licence. In joining each of these collection agencies I have assigned the relevant performance and mechanical rights for all of my works to that agency. I therefore no longer have any rights left to assign under a CC licence. It seems to me that I can only issue CC licences if eg. PRS changes the terms of my member agreement either such that the only rights I have assigned are those relating to commercial usage, or such that the rights are not assigned but instead are non-exclusively licensed. My only other alternative would be to terminate my membership of all collection agencies. Have I got this correct?

If I terminate all agreements with collection agencies, and issue works under CC licences, and subsequently find myself inundated with requests from advertisers, broadcasters and film-makers to use my works commercially, I will want to re-join the collection agencies (or assign my rights to a publisher member) so that they can administer commercial licences on my behalf. If I do this then the collection agencies will be likely to take legal action against anyone using my works under the terms of the CC licence. Does this effectively mean that I will not be able to join a collection agency (or assign rights to a publisher) if I have ever issued works under a CC licence?

BBC Radio

Since it wouldn't result in any financial gain for the BBC, would the broadcast of my works on BBC radio be classed as commercial use? If not, then issuing works under a CC licence could lose me significant royalty income which I'd quite like to keep hold of.

Many thanks for any comments,

Tim.





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