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Herkko Hietanen
ArticlesArticles
• 20 thesis of Collecting societies and Creative Commons (working paper)
• Legal and Organizational Issues in Collaborative User-Created Content
• Some Legal Issues with Open Content Licensing in Europe
• Legal metadata, open content distribution and collecting societies
• Challenges of Open Content Licensing in Europe
• Open Content Distribution Management in Virtual Organizations
• Legal metadata and open content distribution
• Open Content Licensing: Case Creative Commons
• Master Thesis Open source software from copyright and trademark
perspective
•Star Wreck: Open content movie
•Collecting societies: Service to artists and users
•Creative Commons: Some rights reserved licensing
•Interoperability challenges of CC and Collective administration of copyrights
Star WreckStar Wreck
•Finnish Sci-fi movie
•Fan fiction
•Characters are similar to Star Trek
•Zero Copying
•Lot of different people helped to make the movie
– Music, actors, director, special effects, lawyer…
– Main people mr. Torssonen and Vuorensola
•Creative Commons licensed
•How does the money move?
•Movies are huge licensing challenge
Collecting societiesCollecting societies
•Serve users– Blanket licenses– Individual licenses for reproduction
(copying)
•Serve right owners– Out source– Collect and distribute royalties– Lobby power– Enforcement
•Economics of scale
Collecting societiesCollecting societies
•”Global system”
– Cultural differences USA / Europe
•USA: Right owner keeps rights
•Europe: Member has to transfer all present/ future rights to society
•Reciprocal contracts between organizations
Collecting societiesCollecting societies
•Effectively a cartel– Horizontal co-operation of producers
•They are usually also (natural) monopolies
•Membership rate is high among composers
•”One stop shop”
•Governmental regulation is common (EU)
Collecting societiesCollecting societies
•Usually run by their members as nonprofit org. Yearly mandate
•Funded by administrative overheads (12-20%)
•Collect royalties from: Radio, TV, background music, downloads, concerts, taxis, kindergartens etc.
•Average member received: ~1500$ (2004 Finland) – 5 % get over 90 % – 50% get nothing
Back to Star WreckBack to Star Wreck
•Music is essential to movies
•No money to pay royalties
•Free distribution as a goal CC licenses
•Friends willing to compose and give music for free
•Collecting society didn’t approve
What is Creative Commons?What is Creative Commons?
Simple user interface
Three licenses
3 human readable license
2 legal license
1 machine readable license
<!--<rdf:RDF xmlns ="http://web.resource.org/cc/" xmlns:rdf ="http://www.w3.org/1999/02/22-rdf-syntax-ns#"><License rdf:about ="http://creativecommons.org/licenses/by/1.0/"> <requires rdf:resource ="http://web.resource.org/cc/Attribution" /> <permits rdf:resource ="http://web.resource.org/cc/Reproduction" /> <permits rdf:resource ="http://web.resource.org/cc/Distribution" /> <permits rdf:resource ="http://web.resource.org/cc/DerivativeWorks" /> <requires rdf:resource ="http://web.resource.org/cc/Notice" /></License></rdf:RDF>_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-- - - - - -- - - - - - - - - - - ---- - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - -
iCommons 2005iCommons 2005
~50 million CC works (Yahoo! link backs to licenses)
Creative Commons ChallengesCreative Commons Challenges
•Unfamiliar terms: Non-Commercial use
•You may not exercise any of the rights granted to You … in any manner that is primary intended for or directed toward commercial advantage or private monetary compensation.”
•No common interpretation
Creative Commons ChallengesCreative Commons Challenges
•"Work" means the copyrightable work of authorship offered under the terms of this License.
•Music Video; Underlying composition, background art, performance, lyrics?
•Informing licensor
– Public license
– Irrevocable
– Royalty free (possible dual licensing)
Creative Commons ChallengesCreative Commons Challenges
•Can CS sell licenses if the work is CC licensed?
– CC = royalty free public license
•Database needed to identify licensed works
– already exists
– public trust and identification of licensor
•Some works have already sneaked into catalogues
Creative Commons ChallengesCreative Commons Challenges
•Collecting societies are delicate balance
•No cherry picking
•Negotiation power CS as a labor union
•Collecting society as a bank
•No advantage for big users who buy blanket licenses
– Payola killer?
Solution 1Solution 1
•EU commission’s investigation
– San Diego Treaty
•Government regulation
•Competition between collecting societies (playoffs)
•Possibility of having CC as competitive advantage
Solution 2Solution 2
•No regulation Let market decide
•New intermediaries are born
Solution 3Solution 3
•Grant back rights for fee / for free
•Cover the higher admin overheads
