the issue of the interaction of CC licenses and collecting
society
membership is complex (http://wiki.creative
commons.org/
FAQ#I_am_a_member_of_a_collecting_society.
2C_can_I_use_Creative_Commons_licenses.3F). as a general
rule, a
person who is a member of a UK collecting society cannot
legally
apply a CC license to their work because they grant an
exclusive
license/assignment to the society for public
performance/online
transmissions. UK collecting societies have also been very
critical
of CC licenses, see e.g., http://www.
apra.com.au/writers/downloads/
creative_commons.pdf and http://www.b
mr.org/html/news/news55.htm.
thus, the fees paid to UK collecting societies should not
cover the
use of CC licensed music (although you could ask but i would
be very
surprised). if the music they are playing is not authorized
for
their use - ie. they are a commercial entity making a
commercial use
and the music is NC licensed - then they should figure out
separate
arrangements with the individual artists to compensate them
because
commercial use of NC licensed is infringing.
On Nov 20, 2006, at 2:32 PM, drew Roberts wrote:
> On Monday 20 November 2006 04:41 pm, Pete Rabjohns
wrote:
>> theprojekt.co.uk is a
>>
>> relatively new initiative set up to develop the
skills of young
>> Scottish film-makers and musicians.
>> We publish our members' work on our
>> website for review and comment - all of this
material is CC licensed
>> (Attribution-Non-Commercial-Share-alike as
standard,
>> Attribution-Non-Commercial- No-Derivs when members
use copyrighted
>> material from our bank of pre-approved copyrighted
materials, or as
>> inherited)
>> We've decided to use ccMixter as a training
resource for our members.
>> During our initial research, I was so impressed
with some of the
>> mixes
>> on the site, I sent links to friends so they could
enjoy and check
>> out
>> the site also. Their responses were predictably
positive.
>> Several of my friends work in local broadcast radio
(commercial) - is
>> there any mechanism that allows them to pick up on
certain cc
>> licensed
>> mixes/remixes
>> and promote them (and ccMixter) to a wider
audience? Do the fees they
>> pay to e.g. the performing rights society in the
UK, cover them to
>> play CC-licensed material, or if the cc license is
non-commercial do
>> they have to approach each individual artist (and
previous
>> contributors
>> in the case of a remix/mashup etc) in each
individual case to
>> negotiate
>> clearance/fees etc?
>> Grateful for your help and clarification
>
> I find this topic interesting. I was thinking along
similar lines
> for works
> licensed CC BY-SA. My thought was to find a way for the
person
> using the
> license to choose whether to simply pay as if the work
was all rights
> reserved if that was simpler for them book keeping wise
or to claim
> the CC
> BY-SA use and provide "accounting stats" to
the collection society.
>
> I think this would need to cooperation of the various
societies and
> the
> artists would have to join their appropriate society.
>
>
>>
>>
>> Pete Rabjohns
>>
>
> all the best,
>
> drew
> --
> (da idea man)
> National Novel Writing Month
> http://www.nanowri
mo.org/index.php
> 562,263,167 words and counting.
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