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  • From: David M.Berry <d.berry AT sussex.ac.uk>
  • To: Neil Leyton <nleyton AT gmail.com>
  • Cc: cc-uk AT lists.ibiblio.org, Dr Tim Brookes <T.Brookes AT surrey.ac.uk>
  • Subject: Re: [Cc-uk] Re: Changing your mind and the young Bowie
  • Date: Mon, 25 Apr 2005 23:29:07 +0100


Yes, but have you hear Fran Nevrlka, the head of the PPL talk about the Creative Commons? Anarchists, academics and nihilists?



On 25 Apr 2005, at 21:01, Neil Leyton wrote:

It is important to note, on this PRS topic, that MANY artists and
labels of rising influence are becoming aware of the issue and, should
PRS not change, it may find itself becoming increasingly irrelevant,
as new indie-minded and CC-aware rights societies begin to emerge,
first centered around internet licensing, and then moving into the FW
radio domain which the existing PRO's have ruled with a mafia-like
grip for way too long already.

Btw, this issue has NOT been a problem in Canada, as SOCAN rightfully
differentiates between commercial vs. non-commercial uses, and no red
flags have gone up around CC usage... pointing the way for possible
PRS/PPL positive adaptation here...

N.

On 4/25/05, Dr Tim Brookes <T.Brookes AT surrey.ac.uk> wrote:
On 25 Apr 2005, at 17:00, cc-uk-request AT lists.ibiblio.org wrote:
One of the thorny 'yes buts...' I am hearing a lot in regard to CC is
"what happens if young creators license their early work under CC and
then rue the day forever more?"

For musical works, as far as I can see, the major problem here is the
UK collection agencies. If you have ever licensed any of your works
under CC then you can never join PRS, since they require exclusive
rights to all your works - past and future - and you can not grant
exclusive rights on a work you've already CC-licensed. If you're not
in PRS when you're writing hit after hit, you'll find it almost
impossible to get any performance royalties from your multitudinous
radio broadcasts, TV broadcasts, film showings, public performances,
iTunes downloads, etc... You can make money from selling CDs, and from
granting permission for use of your tracks in films, adverts, etc, but
you won't get performance royalties.

It's PRS that need to change - not CC - but until they do I think you'd
have to be very sure that you never want any performance royalties
before you CC-license anything. This is a tremendous shame and I very
much hope PRS (and MCPS and PPL) can be persuaded to grant membership
in exchange for exclusive (or even non-exclusive) rights on commercial
use only. Then a non-com CC licence would not preclude later royalty
income.

Tim.

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