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]]> By: The Bus King http://www.lessig.org/2007/12/commons-misunderstandings-asca/#comment-14232 The Bus King Mon, 14 Jan 2008 23:07:28 +0000 http://lessig.org/blog/2007/12/commons_misunderstandings_asca.html#comment-14232 Hi, I just watched the Lawrence Lessig “Basement Tapes Project” video on the free culture movement , and have been following some of the posts here. Not sure if this is exactly the best place to ask this, but I figure there are some readers here that might be able to help me. I have a question…
I just started to “cyber busk” on my website, http://www.thebusking.com, and I’m wondering if I’m doing anything illegal. I provide my music (almost all covers for now) for free. However, I have a tip jar where someone can donate via a credit card. I’m also generating revenue through a few google ads I placed on the site. I only started it about a week ago, and I’m under the radar with profits, but I’m just wondering if anyone out there knows if what I’m doing is illegal. I think what I’m doing is sort of new, and I may be falling through some loophole. I’m not selling the music, and it’s not entirely certain for which song someone might “tip” for. Could this be a new way for artists to make a profit from the work, without actually “selling” their work?
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]]> By: Jessica http://www.lessig.org/2007/12/commons-misunderstandings-asca/#comment-14231 Jessica Sun, 06 Jan 2008 10:18:10 +0000 http://lessig.org/blog/2007/12/commons_misunderstandings_asca.html#comment-14231 Stevebalmer – “The Creative Commons license is very weak! Our lawyers could rip through one of them in an hour!”

Steve

If you’re saying that there are drafting flaws in the CC licences that should be fixed – fine, great, tell us what they are and we’ll fix them. Or better yet, work with us to fix them.

But if you you have issues with the fundamental principles of/model used by CC, that’s a whole different issue. In my experience most of the time when people criticise the CC licences as being ‘weak’ they’re really saying they don’t agree with the idea of open content licensing/CC in general, and that they think musicians are in a stronger position if they license on a case by case basis. That’s fine, but that’s not a criticism of the licences – that’s a criticism of the philosophy of the movement.

The CC licences are all signed off by lawyers in their various jurisdictions – and usually by big firms acting on a pro-bono basis. These people seem to think that they’re legally sound. And so far the courts agree with them – in Curry v Audax the lawyers hired by the tabloid didn’t ‘rip through them’.

Simply making sweeping statements without anything to back them up is hardly an argument.

]]> By: Antonio Adolfo http://www.lessig.org/2007/12/commons-misunderstandings-asca/#comment-14230 Antonio Adolfo Fri, 04 Jan 2008 08:55:02 +0000 http://lessig.org/blog/2007/12/commons_misunderstandings_asca.html#comment-14230 There are no doubts that CC is an attempt to create preset contracts/licenses and regulation to cover Internet use of intellectual/artist creation. There are no doubts also that CC is a natural consequence of the needs of the Internet to have such licenses covering the law.
On the other hand it seems that CC is still missing maturity to face all the copyright needs and meanders. As we can see – and CC is/should be aware – there are still numerous gaps on the licenses, such as clarity on several points regarding copyright.
The deepest question in my opinion – and then it is important to think globally – is that once the copyright owners are not aware and conscious of their rights (copyright), and under the premise that the s/he has the right to decide what they “want” – imagine creators and copyright owners from third world Countries, people without any knowledge of copyright, considering that even creators and copyright owners from developed parts of the world don’t know much about it – they start to sign absurd under the mantle and “protection’ of such licenses without even knowing what they are signing.
Anyone should have the right of sign whatever s/he wants but, before all, it urges that s/he has conscious of what s/he is signing.
To impose such licenses to third world countries creators and/or copyright owners doesn’t seem to be the most appropriate way.
Almost the totality of the copyright owners don’t know even what is copyright and much less the meaning of Creative Commons.
It should be necessary that, before giving the option to the people to sign whatever they want, that they learn at least some basics about copyright and its developments – it should even be a premise to join a Performing Rights Society or to be considered a professional musician, for example. If even in developed Countries that is still an enigma, can you imagine what a tragedy would be in such other Countries?
I think that before imposing or presenting certain types of licenses it would be necessary to create a regulation of the Internet and its uses, not starting with presets licenses, but with the rules and regulations of the Internet itself with regard of the use of intellectual/artistic creation by the websites in general and others. To develop the collecting and distribution of creation rights regarding Internet uses, for example.
The reality is that the big companies are and will be always protected by copyright laws – with or without CC – and the creators will be more and more on its way of being extinguished.
The regulation itself – not a dozen of preset contracts signed with/by the poor creators should be the beginning – is much more urgent.
Antonio Adolfo
musician, educator and composer

]]> By: Lothar Bizenberger http://www.lessig.org/2007/12/commons-misunderstandings-asca/#comment-14229 Lothar Bizenberger Thu, 03 Jan 2008 20:15:14 +0000 http://lessig.org/blog/2007/12/commons_misunderstandings_asca.html#comment-14229 How to legalize movie and music video download, without losing the creative power of file sharing communities and without violating copyrights?

The, what you refer to as RW (read write) society is only one part of the online piracy. The other part is the movies which can be watched or downloaded from the net.
From my point of view there are three interests to consider in the discussion about these online publications. The two main interests of the artists are: First, the artists are losing money or to be more precise does not earn all the money they deserve. Second the combination of music, pictures or videos which are not in agreement with the artist’s purpose of the creation.

The main interest of the user is to have fast and free access to music and movies.

Proper advertisement could serve everybody’s purpose. When I today listened to Alicia Keys-no one- on YouTube, I was the 23,228,995 person to do so. It is certain to me that the advertisement running on this YouTube side brings enough money to compensate for the fact that I will not buy the album.
Revering back to the new combination of music and video, probably many artists would not mind seeing their song playing with a cartoon if there would be advertisement on the internet page and the money earned by this ad would end up in their pockets.

With proper advertisement we hopefully will have more free online movies and music without violating any copyrights.

]]> By: steveballmer http://www.lessig.org/2007/12/commons-misunderstandings-asca/#comment-14228 steveballmer Thu, 03 Jan 2008 08:47:26 +0000 http://lessig.org/blog/2007/12/commons_misunderstandings_asca.html#comment-14228 The Creative Commons license is very weak! Our lawyers could rip through one of them in an hour!

]]> By: Sera http://www.lessig.org/2007/12/commons-misunderstandings-asca/#comment-14227 Sera Thu, 03 Jan 2008 07:03:39 +0000 http://lessig.org/blog/2007/12/commons_misunderstandings_asca.html#comment-14227 THAT’s all fine and dandy in a utopia world dripping with milk & honey but…

ASSCAP is trying to pump up their membership – aka their “VENUE WHOPPING CLUB” by cutting up the Creative Commons on a complicated intellectual level. Geesh* I took first grade math all the way to college level statistics and no matter how you slice it 1/2 of nothing is still NOTHING!

After 30 plus years of membership with ASSCAP (not a typo) as a songwriter (what a crock of shyt!), FOUR Air Platinum Record Plaques equaling FOUR MILLION air plays and then some, & SIX 2003 GRAMMY NOMINATIONS later AND I STILL have NEVER EVER EVER collected NOT EVEN ONE FREAKIN RED CENT in royalties from ASSCAP!!!

Professor Lessig, after ASSCAP’s track record with me I would pick a CC license any day of the week!

ASSCRAP is full of Shyt past their eyebrows right along with the RIAA.

Sera

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