Creative Commons jurisdiction project wwwcreativecommonsnl and the Dut - PDF document

1 Creative Commons jurisdiction project (w
Creative Commons jurisdiction project (www.creativecommons.nl) and the Dutch Collecting Society for authors of musical works Buma/Stemra (www.bumastemra.nl). Creative Commons Netherlands is a joint venture between Knowledgeland, Waag Society and the Institute for Information Law (IViR) in cooperation with Creative Commons, a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works. authors an operational requirement that allows the collective to effectively manage the rights of the individual members.

2 1 Unlike in the rest of the world
1 Unlike in the rest of the world, the collective rights management organisations operating in the US are banned from obtaining exclusive assignments of rights from their members. This means that members of collective rights management organisations is the US are free to make individual licensing agreements (for example by freely licensing works under a creative commons license) that complement the activities of the CROs. 2 The relation between Creative Commons licensing and Collective Rights Management had been the dominant topic of debate during the panel discussion at the launch event of Crea

3 tive Commons in the Netherlands. A Dutch
tive Commons in the Netherlands. A Dutch summary of this event and the debate is available at: http://creativecommons.nl/2004/06/18/launch-nl-versiecreative-commons a small but very vocal group of Dutch authors who have demanded a solution for the problem that members of Buma/Stemra could not make use of Creative Commons Licenses. The group consisted mainly of non-members of Buma/Stemra some of whom were considering to join Buma/Stemra but were unwilling to do so if this meant that they would not be able to make use of the Creative Commons licenses for their own works anymore. In the fall of the 2004

4 this situation was discussed during a fi
this situation was discussed during a first meeting between representatives of Buma/Stemra and Creative Commons Netherlands. At that time Buma/Stemra Indicated that from their perspective this was how the system was supposed to were held roughly every 3 months. After four of these meetings a number of issues had been identified and the outline of the later pilot started to take shape. Structure of the pilot Creative Commons and Buma/Stemra agreed that it would be beneficial to offer authors more flexibility in distributing their works. Buma/Stemra argued that from their perspective it would only mak

5 e sense to allow authors to license work
e sense to allow authors to license works under licenses that only allowed for non-commercial use of the licensed work. This meant that authors would be enabled to pick one of the sufficient. Given the above argument, which was accepted by Creative Commons Netherlands, the basic outline of the pilot project was established. Buma/Stemra would enable its members to license (some of) their works under those Creative Commons licenses that only allow non-commercial uses of the licensed work. Buma/Stemra would assign the non-commercial use rights to members who wanted to participate in the pilotGiven the

6 experimental nature of the pilot there n
experimental nature of the pilot there needed to be a mechanism for limiting the license grants in time Of these five issues the definition of non-commercial use proved to be the most difficult to solve. The other four issues could be resolved relatively commercial use!5 Creative Commons Netherlands and Buma/Stemra struggled for a long time to find a definition that was precise enough to be used as the basis of the pilot and acceptable to both parties. Buma/Stemra argued for a relatively limited then Buma/Stemra members who want to license some of their works under commercial rights in the works Buma

7 /Stemra members. According to these expe
/Stemra members. According to these experts there are a number of additional reasons for the relatively low uptake of the pilot: ¥ No enforcement in cases where Buma/Stemra members use Creative Commons licenses outside of the pilot. This means that from the perspective of authors the problem that the pilot attempts to solve is not a real problem (because they can get away with ignoring it). Since participation in the pilot requires extra effort, authors seem to opt for the easier approach of using CC licenses in violation of their exclusive assignment of rights to Buma/Stemra. ¥ Based them communicate

8 about their music via social networking
about their music via social networking platforms). In a second part of the survey a number of general attitudes were explored. Respondents could indicate in how far they think that a number of different topics are important to them or not. figure 3: selected attitudes among the survey population With regards to the definition of commercial and non-commercial forms of use the survey revealed a surprisingly clear-cut perception. This perception seems to youngest age bracket of respondents (2029 years old) separatelyHere the differentiation observed among the overall sample is even more pronounced. The

9 following table contains the responses
following table contains the responses of the overall sample (left) and the age group between 20 and 29 years (right). Willing to allow promotional use for free? yes no don!t know yes no don!t know overall 20-29 years old listening on own website 88.20% 7.10% 4.70% 96.70% 3.30% 0.00% promotional CDs 76.90% 17.20% 5.90% 86.70% 11.70% 1.60% use on site of booking agent 76.30% 16.40% 7.30% 88.30% 6.70% 5.00% use on site of record company76.30% 17.60% 6.10% 80.00% 18.30% 1.70% use for charity 68.70% 22.30% 9.00% 75.00% 20.00% 5.00% use on site of concert venue 64.90% 26.00% 9.10% 80.00% 20.00%

10 0.00% downloads from own website 61.60%
0.00% downloads from own website 61.60% 30.00% 8.40% 75.00% 23.30% 1.70% use on social networking sites commercial for different types of use If we look at the results that all online uses of works (with the exception of file sharing, use by for-profit companies and embedding with advertisements) are considered to be non-commercial by a majority of the respondents. Uses that can be regarded as purely promotional (use on the sites of record companies, booking agents and venues as well as use own websites) are regarded as commercial by less than 30% of the respondents. If we look at the responses fro

11 m the age group between 20 and 29, that
m the age group between 20 and 29, that can be expected to be much more active in and familiar with the online environment the results are even more striking: all online uses (again with the exception of file sharing, use by for-profit companies and embedding with advertisements) are seen as non-commercial by at least 73.3% of the respondents. There is a very profound change of attitude between use vary a lot but that there are large groups of authors who consider at least some of the uses described here as noncommercial. surveyed here. On the other hand the current setup of the pilot does not provid

12 e members of Buma/Stemra with the tools
e members of Buma/Stemra with the tools they are looking for. The primary reason we can identify for this lies in a mismatch between the Buma/Stemra and Creative Commons and has not been subject to feedback or input from large groups of authors. At the time will need to be communicated much more clearly. Buma/Stemra will need to clearly highlight where such a pilot fits into the range of services it offers to its members. In this context it has been suggested by the group of experts that Buma/Stemra will need to start acting against those members who use Creative Commons licenses outside the framew