At the end of last year, we blogged about a second decision that had been handed down in Spain regarding the use of CC-licensed music. Thanks to the efforts of Thomas Margoni who works with the CC Italy team but currently has the pleasure of living in the beautiful city of Barcelona, we now have an English translation of the original decision (Luis CC Spanish Decision (final). A Spanish version of the original decision is here.
As explained when the first decision was handed down earlier in 2006, both cases arise from the fact that members of collecting societies in Spain (and in much of the rest of the world) cannot legally apply a CC license to their work (or even release it online) without the consent of their collecting society. This is because the membership terms of a collecting society require an exclusive license and sometimes a transfer of ownership of the rights of public performance/communication (that are essential to the act of making content available online) from the musician to the collecting society.
Both cases turn on evidentiary issues and have less to do with the enforceability of CC licenses — in the first case, the court held that the Spanish collecting society, the Sociedad General de Autores y Editores (“SGAE”) had proven only that music was played in the defendant’s bar; it had not gone the extra step of proving that it represented the musicians whose music was played in the bar. Consequently, the bar owner did not have to pay the SGAE fees.
In this second case, the SGAE put on evidence that satisfied the court that international music, pop music and regular radio broadcasts (that included Gloria Estefan) were being played in the bar. As a result, the bar owner in this second case was ordered to pay the SGAE fees.Comments Off
Moore’s use of the term “open radio” caught my attention. What, I wondered, did he mean?
Amongst other things, it seems, he meant that KRUU has made a commitment to use only Open Source software. As KRUU founder Roland Wells explained on Open Views, all KRUU’s PCs run on the GNU/Linux operating system, and the audio editing tools (Ardour and Audacity) used by DJs at the station are also Open Source. Likewise, the office suite used by Moore to administer the station (OpenOffice) is Open Source, and the station’s web site was built using Free BSD UNIX, and is hosted on the Open Source web server Apache.
By using Open Source solutions rather than proprietary software, Wells told KRUU listeners, the station has saved “tens of thousands of dollars”.
KRUU’s software philosophy seems to come from Open Views producer Sundar Raman and founder Roland Wells, as explained in the first broadcast of Open Views (which also features a short interview with me on Creative Commons; the program’s third broadcast features an hour on Creative Commons).
Sundar Raman has since interviewed a number of people involved in Open Source, Open Culture, and Open Science, including most recently John Wilbanks of Science Commons (not yet archived). You can also see Raman’s influence showing up in music programming, e.g., Dance Show Friday Night playing CC-licensed music from Jamendo.
Station manager James Moore adds:
Just thought you might like to know that since we began broadcasting last September, KRUU has offered a one-hour program seven days a week called The Open Source Radio Hour (5am-6am) featuring Creative Commons licensed material, primarily from jamendo.com or magnatune.com. so far.Comments Off
Netwaves is an awesome Creative Commons music program broadcast on Radio Scorpio 106FM, Belgium’s oldest independent radio station. Announcements in Dutch, interviews conducted in English, music CC-licensed, drawn from the best of the netlabel scene. Every episode is downloadable from archive.org.
Netwaves 13 features an interview with Lawrence Lessig.
I learned of Netwaves bia Black Sweater White Cat, which has added a pick of the day to their weekly CC music program broadcast on WBCR-LP in Massachusetts, which now follows BSWC with a Netwaves rebroadcast.Comments Off
Technorati, the popular search service for identifying popular dynamic user-generated content, today launched a slyly titled service, WTF, or Where’s the Fire, which allows for Technorati users to comment upon searches across their system (and the web). Technorati has decided to use the Creative Commons Attribution-Noncommercial 2.5 license for all user generated content (UGC) for this WTF service, the same license they use on their website.
This feature adds a qualitative layer of user commenting to the quantitative service of identifying top popular searches across the web from user generated content — most notably, blogs. Liz Dunn from Technorati sums up the reasoning by stating:
“Our users have told us that they want to know, immediately, WHY it is something is popular — to explain what’s happening out there on the Live Web, right now. They don’t want to page through a hundred blog posts to figure out what Violent Acres is and why it’s a top search; “Just take me straight to the good stuff, fast!”
So, in the grand tradition of Technorati using a Creative Commons BY-NC license (yes, I’m linking to a blog post from Matt Haughey in 2003), they have yet again supported the commons by offering WTF’s user generated content under the CC BY-NC 2.5 license. Check out their service and find out Where’s the Fire.Comments Off
Commons advocates in India now have a localized version of Creative Commons licenses to use with today’s launch of the Creative Commons India project.
Adding Creative Commons India, 35 jurisdictions around the world to date will have localized CC’s “some rights reserved” licenses and adapted this form of licensing system.
The project celebrated its official launch today at the Indian Institute of Technology (IIT) in Bombay. The launch is part of Asia’s largest technology festival held in Mumbai – Techfest. Now in its tenth year, the two day festival offers a smattering of workshops, exhibitions and lectures to students to explore advances and opportunities in modern science and technology.
The launch will kick off at 4 p.m. in the IIT Bombay’s auditorium in Mumbai. Outside of this event, there will also be two parallel workshops offered as part of Techfest 2007 on Creative Commons: “Do We Need Remix?” and “Sharing is Creating” on January 26-27.Comments Off
Project lead of CC Chile, Claudio Ruiz Gallardo, recently posted to the Creative Commons community mailing list that the Biblioteca del Congreso Nacional del Chile released all of their content under the recently launched CC BY-NC-SA Chile License.
This is a very important notice for the CC Chile team, because [it] shows how the government can use alternative[s] to the legal framework in order to bring freedoms to use to the citizen[s].
Owl Multimedia has more than doubled the number of CC licensed tracks you can search via audio similarity (sounds like a mp3 you already have) or keywords. How? By adding over 10,000 tracks from Jamendo.Comments Off
Creative Commons, in conjunction with Modiba Productions and Global Beat Fusion are pleased to present the Vieux Farka Touré Remix Contest, taking place at ccMixter. Vieux Farka Touré — a highly talented guitarist, singer, songwriter, and percussionist from Mali — is offering the audio source files from the song “Ana” online under a Creative Commons Attribution-NonCommercial license, so that producers worldwide can use the sounds in remixes and new compositions.
The audio sources went online this morning. ccMixter will accept entries between February 7 and March 7. The winning remix will be included on Modiba Productions’ upcoming Vieux Remixed CD. Get remixing!Comments Off
This year, we are looking for tech and community + media development interns. If you are interested in working with us at the San Francisco office, please follow the instructions for applying. We are accepting applications until March 1, 2007. If you know of a student who fits the description(s), please refer them to our opportunities listing!Comments Off
CC Finland project lead Herkko Hietanen has co-authored a book with Ville Oksanen and Mikko Välimäki that provides a useful overview of the law, business and policy of “community created content,” entitled (not suprisingly) “Community Created Content. It is published by Turre Legal Publishing and available for download as a PDF under the Creative Commons Attribution-NonCommercial-NoDerivatives 2.5 license or for sale through Amazon. The book looks at different legal issues that arise in relation to conten and reviews the CC licenses, the FDL, Free Art License and FreeBSD Documentation license before turning to issues of community, business and policy.Comments Off