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Thread: ASCAP VS CREATIVE COMMONS




ASCAP VS CREATIVE COMMONS
user name
2006-12-22 09:19:19
Excuse me, but could someone explain what the acronym ARR
stands for?

drew Roberts wrote:
> I have been pondering the possibilities of putting
BY-SA works up with 
> collection agencies for a whaile now.
> 
> Would it be possible for the CC licenses to have a
clause that states that if 
> you use the work and the work is with a collection
agency, then you can 
> either pay as per your agreement, or you must make
individual exemption 
> claims for each use? Assuming you are an entity wich
would need an agreement 
> with said agency.
> 
> The example I am thinking of is a radio station that
plays ARR and CC works. 
> They can frget the hassle and pay to use the Free
works, or they can report 
> the individual uses and claim an exemption for them?
Something like that.
> 
> I haven't thought this all through yet, but it seems
like a decent time to 
> bring up the thought for people to discuss / chew on.
> 
> Of course, this would only apply to BY and BY-SA works
with respect to 
> commercial uses.
> 
> all the best,
> 
> drew
> 
> 
> On Thursday 21 December 2006 09:20 am, Fred Benenson
wrote:
>> Fascinating. Such Fear, Uncertainty and Doubt here.
>>
>> ASCAP seems to be missing the point that Creative
Commons builds on top of
>> copyright, and while Lessig's books are
copyrighted, so is virtually every
>> other cc-licensed object. All it does is explicitly
define what rights the
>> artists are looking to preserve beyond copyright.
>>
>> Another piece of FUD here: conflating
"music" (one track) with "music"
>> (your oeuvre). In other words ASCAP makes it appear
that if you decide to
>> go for CC once then you must license *all* your
work under CC forever. This
>> is plainly not the case as cc licenses apply to
individual works and they,
>> too, are non-exclusive, just like ASCAP claims to
be. Which leads to
>> another confusing point by ASCAP: it would seem
that collecting royalties
>> under via ASCAP with a CC licensed track (BY-NC
perhaps?)  would be
>> something they'd object to, when, as far as I can
tell, since they're both
>> non-exclusive licenses, it wouldn't be a problem.
>>
>> Still, interesting that they're resorting to the
ole' FUD line then
>> anything else. That means we must be doing
something right.
>>
>> F
>>
>> PS: Can I forward this to the
cc-community/cc-licenses list?
>>
>> On 12/21/06, Elizabeth Stark <estarklaw.harvard.edu> wrote:
>>>  <-----Original Message----->
>>>
>>>> From: Benjamin Sisto
>>>> Sent: 12/20/2006 11:50:25 PM
>>>> To:
>>>> estarklaw.harvard.edu;wilbankscreativecommons.org;driscollkevin
>>> gmail.com;thwangfas.harvard.edu;antalliancegmail.com
>>>
>>>> Subject: Re: [POSSIBLE SPAM] ASCAP VS
CREATIVE COMMONS
>>>>
>>>> Round one, fight!
>>> >From board.lemmingtrail.com
>>>>
>>>>
>>>> Hi Benjamin,<-------- (not me, ben
sisto..someone else)
>>>>
>>>> ASCAP, BMI and SESAC are all Performing
Rights Organizations (PRO's).
>>>> The
>>> basic
>>>
>>>> function of all of us is to collect
royalties for artists when their
>>> music is
>>>
>>>> performed on the radio, film, TV, internet,
etc.
>>>>
>>>> ASCAP is the oldest and strongest PRO in
the world. When you join ASCAP,
>>> you
>>>
>>>> join for 1 year terms (meaning you can
resign each year if you want).
>>> We're a
>>>
>>>> not for profit company and have the lowest
operating costs in the States
>>> and
>>>
>>>> amongst the lowest in the world. When you
join, you become a member and
>>> have a
>>>
>>>> say in how we operate. It's free to join
and there are never any dues to
>>> pay.
>>>
>>>> These points are NOT all true for either
BMI or SESAC.
>>>>
>>>> I know a lot of bands from Boston like the
idea of Creative Commons and
>>> aren't
>>>
>>>> sure how PRO's play into it. Here's what
you should know, if you join
>>> ASCAP,
>>>
>>>> it's a nonexclusive agreement. Which means,
you tell us if/when you want
>>> us to
>>>
>>>> collect your $. So, if you choose to give
your music away for free, just
>>> let us
>>>
>>>> know. It's your music and we want you to do
what you want with it. If
>>>> you
>>> want
>>>
>>>> us to collect your money, just let us know
and we will. So, you really
>>> have the
>>>
>>>> option to choose on your own.
>>>>
>>>> Please be aware though, that if you take
the route of Creative Commons,
>>> there's
>>>
>>>> no turning back. You have just given away
your music for free, forever.
>>> You
>>>
>>>> can't later change your mind and decide you
want to make royalties.
>>> Creative
>>>
>>>> Commons is really controversial and so
misunderstood by so many that
>>>> it's
>>> hard
>>>
>>>> to know exactly what you're getting into.
Lawrence Lessig is the man who
>>> is
>>>
>>>> pushing the concept and has written books
about the subject, but it's
>>>> interesting that his books are copyrighted,
published and earn money
>>>> just
>>> like
>>>
>>>> songs do.
>>>>
>>>> Anyway, best of luck on whatever you
decide!
>>>>
>>>> Cheers,
>>>>
>>>> XXXXXXXXXX
>>>>
>>>> --
>>>> Benjamim Sisto
>>>> 617 784 6115
>>>> ben.sistogmail.com
> 
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