Copyright and Creative Commons licence

Subject: Copyright and Creative Commons licence
From: GUEST,Dave Hunt
Date: 02 Feb 07 - 02:01 PM

This came through on the FolkArts England discussion group ...

Dave Hunt

Dear eGroup,

We recently received the following email. If you are able to help please reply to [e-mail]

Best Wishes,
Pete Hart

---------------------------------


Dear Sir/Madam

My name is Roksana Ghaffrinik; I am a postgraduate law student at Queen Mary University of London and also a Research Assistant at Liverpool John Moores University.

We are interested in hearing how folk musicians want their music protected. Our research is from an intellectual property point of view, however we want to know how artists feel about their options in protecting their music, especially now with digital revolution. The paper and the book which this research will be used for will be written by Richard Jones [reader in law] at Liverpool John Moores University.

If you have any questions please don't hesitate to contact me.

Many Thanks Again,

Roksana

Artist interview questions:

1. a) What proportion of your set/repertoire is made up of traditional songs?

1 b) When performing these songs do you use your own arrangement, a traditional arrangement or someone else's?

1 c) If you use your own arrangement have you considered protecting this and your performance through copyright? How would you protect your copyright?

1 d)Are you happy for this arrangement or performance to be copied?

1 e) If you use someone else's do you consider that they have rights over that?

2a) Do you compose your own music?

2b) If so how are you influenced by traditional songs? Do you use similar lyrics, similar tunes, similar style?

3) As a folk artist do you perceive the internet as a positive medium to distribute your music, or as a tool for other individuals to exploit your creations?

4a) Have you ever heard of the Creative Commons licence?

4 b) If yes, have you ever considered using the licence?

4 c) Do you see this as an adequate form of protection?

5) Do you agree or disagree with the following statement?

'Some believe that traditional/folk music should not be protected under "private law" as the objective of this music is somehow different. Their purpose is not to stop others from using, singing or adding to the song. Consequently this music should be protected under laws that can protect its roots and heritage.'

[Non-text portions of this message have been removed]



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Subject: Creative Commons
From: strad
Date: 02 Jun 08 - 06:06 AM

What is your thinking on releasing your music/songs under a Creative Commons license? It seems a more sensible way to get material out and about without threatening your copyright. I know I want my music to be played for pleasure and not for the dots to sit in a book on a shelf.

Subject: RE: Creative Commons
From: johnadams
Date: 02 Jun 08 - 06:26 AM

I think it's a excellent system and I'm thinking to apply it to the Village Music Project transcriptions at some point in the not too distant future, to make sure that the hard work of the transcribers doesn't go unmentioned when people use their work in recordings etc.

I would also use one of the license types for streaming field recordings that I want to protect but still want to give people access to.

All in all it seems to be a well thought out and flexible system.

http://creativecommons.org/

J

Subject: RE: Creative Commons
From: Bonnie Shaljean
Date: 02 Jun 08 - 06:27 AM

Without threatening your copyright? I think this kind of license means you are putting your original work into the public domain - in other words giving it away, so it means you're giving the copyright away. You can get your music out and about in a lot of ways that aren't dots in a book on a shelf, you know. This is about people not having to pay royalties to use it, so you'll never earn zilch.

Anyway, that's how I understand Creative Commons - anyone know for sure?

Subject: RE: Creative Commons
From: Bonnie Shaljean
Date: 02 Jun 08 - 06:28 AM

Johnny (we cross-posted so I wrote mine before seeing yours) - am I confusing this with something else?

Subject: RE: Creative Commons
From: mattkeen
Date: 02 Jun 08 - 08:11 AM

Its about giving away SOME rights.
It an intelligent go at recognising the reality that I might copy a CD I have bought and give that copy to my mate - that could be made allowable under the terms of the license. What would not be allowed would be for me to SELL the copy to my mate.

That s an example by the way.

Subject: RE: Creative Commons
From: johnadams
Date: 02 Jun 08 - 08:22 AM

Hi Bonny,

Yes, as Matt suggests, there are several different sorts of license and you can choose one which suits how you want your work to be used.

A useful page to look at is Which license to choose .

J

Subject: RE: Creative Commons
From: strad
Date: 02 Jun 08 - 12:24 PM

Hi all,
The situation which I find myself in is: I write a tune and play it somewhere. Another person hears the tune, likes it and asks for the music or permission to record my playing it. Now I could be churlish and say no, or I could say yes. I want my music to be heard e.g. in the local sessions and if someone wants to include it on a recording, then yes I want my share, but if the music is being played for pleasure and not profit, I still want it played. This is where I see the Creative Commons license coming in. The more a tune is played, the more likely it will get recorded, so CC seems to be part of the advertising. Back to you out there.

Subject: Creative Commons
From: s&r
Date: 09 May 09 - 05:28 AM

This looks like a good idea for those who think that there is a case for music to be freely shared. If the author wishes the music may be distributed with some reservations if wished.
http://en.wikipedia.org/wiki/Creative_Commons

Stu

Subject: RE: Copyright and Creative Commons licence
From: Joe Offer
Date: 23 Dec 20 - 02:23 AM

I think many of us could use some lessons in Creative Commons Copyright.
I found https://creativecommons.org/, but don't completely understand it. Can somebody give us an explanatino on how to claim a Creative Commons Copyright and how to use things that carry such a copyright?
-Joe-

Subject: RE: Copyright and Creative Commons licence
From: Stilly River Sage
Date: 23 Dec 20 - 02:40 AM

The owner of the copyright can name the rights they want to give or reserve and there is a page for each type of license that the owner should link to. There are also symbols that can be used to help call attention to the license.

If you look at Advanced Search in Google the bottom line is "usage rights" and applies to Creative Commons.

not filtered by license
free to use or share
free to use or share, even commercially
free to use share or modify
free to use, share, or modify, even commercially

Sites with those rights designated should appear at the top of the search results.

___________________

I just pulled up my old university research library website, and without logging on to go read any of the articles (I can go in later to look if the need arises) here are the top results in a search on "Creative Commons License." It looks like they're all journal articles.

The elusive gold mine? The finer details of Creative Commons licences – and why they really matter
Mallalieu, Ruth; 2019
Insights the UKSG journal
...) aims via Creative Commons licences. This US initiative has had an enormous impact on the access to, dissemination and reuse of UK-authored scholarly literature since the Finch report of 2012...
Type: Journal Article

Creative Commons Licences, the Copyright Regime and the Online Community: Is there a Fatal Disconnect?
Susan Corbett; 2011
Modern law review
.... Creative Commons licences are one response to these challenges. Despite the many positive features of Creative Commons licences, certain aspects have attracted criticism...
Type: Journal Article

Are Creative Commons Licenses Overly Permissive? The Case of a Predatory Publisher
Clapham, Phil; 2018
Bioscience
Type: Journal Article

Implementing digital copyright on the internet through an enhanced creative common licence protocol
Yang, Chyan; Liao, Hsien-Jyh; Chen, Chung-Chen; 2009
Electronic library
Purpose - The purpose of this paper is to explain the Creative Common license (CC license) a digital copyright license, which can clearly express the scope...
Type: Journal Article

Better Sharing Through Licenses? Measuring the Influence of Creative Commons Licenses on the Usage of Open Access Monographs
Snijder, Ronald; 2015
Journal of librarianship and scholarly communication
...© 2015 Snijder. This open access article is distributed under a Creative Commons Attribution 4.0 License (https:// creativecommons.org/licenses/by/4.0/) ISSN...
Type: Journal Article

Creative Commons licences in cultural heritage institutions in Flanders
Evens, Tom; 2016
Journal of librarianship and information science
Cultural heritage institutions increasingly consider Creative Commons licences as a useful model for overcoming the barriers created by traditional copyright frameworks and for opening up archives...
Type: Journal Article

Creative Commons: the next generation: Creative Commons licence use five years on
Coates, Jessica; 2007
SCRIPT-ed
Creative Commons licences -- what Creative Commons is -- CC licences -- Attribution (BY) -- Non-Commercial (NC...
Type: Journal Article

Creative Commons licenses and the non-commercial condition: Implications for the re-use of biodiversity information
Agosti, Donat; Berendsohn, Walter; Mietchen, Daniel; Hagedorn, Gregor; Penev, Lyubomir; Morris, Robert; Hobern, Donald; 2011
ZooKeys
The Creative Commons (CC) licenses are a suite of copyright-based licenses defining terms for the distribution and re-use of creative works...
Type: Journal Article

Information Technology Trends, Creative Commons Licenses
Felician ALECU; 2012
Oeconomics of knowledge
The Creative Commons licenses, also known as CC, allow the authors to retain the copyright over the works while granting some right to the others, like the permission to modify or to use the work...
Type: Journal Article

Creative Commons Licences, the Copyright Regime and the Online Community: Is there a Fatal Disconnect?
Corbett, Susan; 2011
Modern law review
Type: Journal Article

Subject: RE: Copyright and Creative Commons licence
From: Stilly River Sage
Date: 23 Dec 20 - 02:19 PM

Same university library, more information.

Here is a LibGuide to do with Fair Use and Creative Commons

and another

Open Access Explained

and

Creative Commons explained

Scroll down under either of these last two and here are links to photo, music, and graphic sites where CC works. This includes a link to the Free Music Archive from WFMU.

Subject: RE: Copyright and Creative Commons licence
From: EBarnacle
Date: 23 Dec 20 - 06:56 PM

You may not have heard but file sharing of copyrighted materials is in trouble in the US. A rider on the latest COVID bill makes it possible to penalize people who share copyrotten material at levels beginning at $10,000 per offense.

Subject: RE: Copyright and Creative Commons licence
From: GUEST,.gargoyle
Date: 23 Dec 20 - 07:21 PM

E - Barnical .... is spreading MIS-INFORMATION.

   Please read more than the "Snatch Bait".

However, it has been my glorious fortune to travel and photograph locations, several times (ten plus) I have been questioned i.e.in Frankfort to my socks and underwear in their direct boarding que...in the Middle East...in France.

This is why I strip all of my mega-data before posting to CC.

Sincerely,
Gargoyle

Truth is seldom welcome.

Subject: RE: Copyright and Creative Commons licence
From: GUEST,.gargoyle
Date: 23 Dec 20 - 07:43 PM

I need to clarify ...

Several of my photo subjects have been architectural...and I have been informed by "security," at the time, about their artistic copyright...the same with clowns and indigenous peoples.

Strip your photo data and via a proxy.

Sincerely,
Gargoyle

Disney holds a tight copyright on ALL their creations, including costumes and structures...got questioned by them too. They have stopped distributions of high school yearbooks.

Subject: RE: Copyright and Creative Commons licence
From: leeneia
Date: 23 Dec 20 - 07:57 PM

I read a lot about Creative Commons a couple years ago.

Now, when I want to copyright something, I need to file a copy of it with the copyright authorities. (I forget who they are right now.) But as far as I could tell, I don't have to file my work with anybody to get a Creative Commons license. I merely pick the license I want, then
type it onto my work, and it's done.

I can certainly understand why no one is volunteering to keep an archive of the great amount of creative work which nobody wants to bother to copyright.

Subject: RE: Copyright and Creative Commons licence
From: mg
Date: 24 Dec 20 - 03:53 PM

I have written some songs and if anyone ever wants to record them in a respectful way they can for free. I will give permission by recording. Of course if Nike wants anything for a commercial, I would gladly change my stance. Likewise, I have decided that any future cds I make, which are compilations, will be totally free of copyright issues. Songs can be traditional or can be written by singer and copied with permission of course. I totally respect all peoples' opinions and feelings on copyright. For me, it is a nuisance and expense I don't want..I just break even is all. I do not want to track by cd I sold..I do an overall picture for IRS and that is it. I also want to be able to tell people go ahead and copy it..i was constrained in ireland from telling that to my own relatives..and the lifeboat cd..a lifeboat organization wanted to copy it and i wanted to say sure..copy 300 copies but again was constrained...so it is an issue I just basically bypass.

Subject: RE: Copyright and Creative Commons licence
From: Howard Jones
Date: 26 Dec 20 - 08:55 AM

Leeneia, Creative Commones isn't for "creative work which nobody wants to bother to copyright". On the contrary, to use CC you have to own the copyright. CC offers a way for you to manage that copyright, to licence others to freely use your work without infringing your copyright, and allows you control over how and where that applies.

Where music is concerned, the position is possibly muddled by the involvement of performing rights organisations, who take over the management of copyright on their members' behalf. I don't know how performing rights organisations in the US operate, but in the UK the PRS allows its members to apply CC to their works. You have to complete a form to indicate to which works registered with them this applies.

In mg's situation CC would allow anyone to use their work freely, but would still protect their rights should Nike want it for a commercial.

Subject: RE: Copyright and Creative Commons licence
From: mg
Date: 26 Dec 20 - 07:26 PM

be very careful with Canadian copyright. I had conversed with a family member and had paid into their copyright agency. I was still threatened and had to destroy a batch of CDs. It is complicated and makes no sense and regardless of agency involvement, the person who owns the copyright might be someone's great grand nephew who either does not know or does not care...not worth the trouble to him for $30 a year. Be very careful.

Subject: RE: Copyright and Creative Commons licence
From: punkfolkrocker
Date: 27 Dec 20 - 01:10 PM

Copyright should ideally expire with the death of the artist;
or at longest, the death of spouse and children,
or the artist's parents and siblings.
Whichever outlives the others...

Too much accessibility to recorded music is controlled by petty greedy philistine relatives, or corporations,
set up as rights owners of the estates of deceased artists..

While recordings get lost, perish, or are spitefully destroyed..

I don't know if artists can legally exclude relatives & businesses they never liked
from inheriting their estate,
but if I'd been a successful artist, I would if I could...