Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

On 3 Feb 2005, at 18:09, David M.Berry wrote:

> This is in Music Week this week...
>
> Thoughts comments?

Must be a slow news week. :-)

I look forward to Ferguson's thoughts on how demos destroy bands  
chances of getting a recording contract, how bootlegs destroy fanbases,  
and how live shows reduce album sales.

Let's step through the mistakes.

> We are told this is an idea that will revolutionise both culture and  
> commerce on the internet and will create a new huge ‘public domain’ of  
> ideas from which will spread a new renaissance.

It's a commons. Copyright is retained and, with CC's licenses,  
regulated. Public domain is a specific legal term, one that the music  
industry has recently demonstrated it has no respect for.

> Sounds good? Not if you are involved in the music business.

But what if you're a musician?

> But where is the commerce element?

Enabling noncommercial previewing and sharing of work, enabling bands  
to build publicity. Allowing sampling without huge lawsuits. Reassuring  
consumers that they can use content they pay for. Protecting bands from  
studio-system licenses!

> The answer is there isn’t any – the creator puts the work up for free  
> and the only real right which he or she tries to enforce is the right  
> to have their name attached to the work.

Which license does Ferguson have in mind? Or has he not read enough to  
know that there is more than one license?

> OK, I’ve pressed up 200 copies of my band’s demo and we’re looking for  
> a deal,

I thought one put music on the internet? Anyway...

> so I’m giving them away to everyone and I’ll stick a Creative Commons  
> licence on them for our webpage and then when we get a deal we’ll  
> cancel the licence, get an advance from ‘Super Publishing inc’ and put  
> out the album.

The music industry loves relationships you can cancel. Just ask George  
Michael...

> Sorry, no. A Creative Commons licence is not just for Christmas, it’s  
> forever. You and the band will never earn one penny in publishing  
> royalties from your creation.

Unless, unlike Ferguson, you understand that there's more than one CC  
license and license it CC-BY-NC-ND or NC-Sampling-Plus on the promo,  
and proprietary to the record company. And remember that there's more  
than one copyright on a musical performance...

> Worse still, in 2012 when President Jeb Bush is running for  
> re-election, he is going to use your anthem for world peace in his  
> adverts to demonstrate how the world needs saving from snivelling  
> pinkos like you and there is nothing you can do about it. Period.

The sampling licenses disallow use for advertising. Notice also how  
Ferguson is echoing the "commons equals communism" nonsense that earnt  
Bill Gates such widespread ridicule a few weeks back.

There's nothing communistic about being able to choose how to exercise  
your rights to build the business model you want.

> Prof. Lessig has not done enough research.

ROFL. Pot, kettle. Only it's a shiny, stainless steel kettle....

> His licences have some sort of value in the world of Academia, where a  
> creator’s sole aim is to distribute his ideas as widely as possible  
> without any money changing hands.

Show me a band that succeeds commercially without reputation or  
popularity.

> For the world of music they are a pointless and damaging distraction  
> which undermine the concept of copyright

How? They are built on copyright.

> and create huge difficulties for music writers now and in the future.

If by difficulties he means careers...

> Worst of all, they play into the hands of the big Telcos and ISPs who  
> are all too happy to give away our music when they can.

http://www.theregister.co.uk/2004/02/01/free_legal_downloads/

"Telcos" and ISPs, who have nothing to do with the content they  
transmit (much like record companies aren't responsible for their stars  
bad behaviour), are not worse bad guys than the contract lawyers and  
creative accountants deployed by record companies.

> David Ferguson is chairman of the British Academy of Songwriters and  
> Composers

Ah, someone who makes their living by writing and performing music.  
Unlike the parasites in this report:  
http://www.theregister.co.uk/2004/12/07/ 
artists_not_concerned_about_file_sharing/

- Rob.