Re: OT: for our planned festival - distribution channels regarding "call for performers", legal advice regarding ancillary copyright

[Per Boysen <perboysen@gmail.com>]

I would like to add to Rainer's excellent explanation that this is a
field that puts focus on differences between European legislation and
American copyright. These two are not the same; copyright is based on
a contract while many European countries have a fundamental
legislation to protect author's rights to their artistic work.

At this very moment the leading Swedish performance rights
organization, STIM, is working out ways to allow their members
differentiated licensing. Traditionally STIM has set up an exclusive
contract with members to represent their rights towards users of their
music (like public radio, films, warehouses etc). This has helped
composers a lot in the past but now in internet era some Scandinavian
composers (STIM members) have run into problems both relating to
Creative Commons and when collaborating directly with international
online music labels that runs a business model that relies on to the
American customs of copyright.

Greetings from Sweden

Per Boysen
www.boysen.se
www.perboysen.com



On Wed, Jul 8, 2009 at 7:03 PM, Rainer
Straschill<moinsound@googlemail.com> wrote:
> Dennis,
>
> thanks for your reply - but actually, you said what I was trying to
> express myself:
>
> "We could still use a CC license for the performance of work not
> previously covered by a contract (unless you have an agreement with a
> rights organization to whom you have signed over the COPYRIGHT of all
> your performances past and future, which even in this day and age
> people are still signing!)."
>
> From what I understand (and I'm no lawyer myself, as you may have
> guessed), your contract with a performing rights organisation may not
> include handing over your copyright, but may very well include handing
> over the management of your performing rights, and that for all of
> your works you create while that contract is running.
>
> Which would mean that the organisation will charge a fee on any
> distribution of your material with the possible exception of internet
> transmission. Under that condition you could not publish anything
> under by-nc-nd (or any other cc license) without violating that
> contract.
>
>            Rainer
>
>