Copyright

For parts 1&3, please go here:
Part 1, Part 3


There are two issues, and each one constitutes a well functioning entry barrier in itself. But, in conjunction they are seamlessly joint: The GEMA presumption, and closely linked the free licence composers’ and providers’ scattered acting.

Why are they that closely linked?

First off, GEMA is responsible for maintaining the GEMA presumption. Secondly, GEMA does not allow members to license selected works under Creative Commons. Free licence composers are kept out of the market without having any organisation representing them. It is plain to see why Germany’s collection society does not want to offer billing and administration of Creative Commons licences (although they could get a good revenue by doing so). But, in the end this results in increasing the demand an alternative to today’s common collection society. Latest by launch of an alternative platform, organisation or institution the GEMA presumption is going to fall. Now this isn’t at all what GEMA wants. Continue reading "The GEMA Presumption as an Entry Barrier (Pt. 2/3)" »

For parts 2&3, please go here:
Part 2, Part 3

Note.

Quite often, in any part of this article I’m using the term “free licensed” or “free licences”. That might be a bit misleading. Please take your time to understand it in the meaning of “independently licensed from any collection society (in particular GEMA)”. It does not mean that for example Creative Commons licences are always free of charge. The range of Creative Commons allows for different licences (in contrast to GEMA by the way).

Most of them (at least with music) will probably be free of charge for private use. However, commercial use in most cases depends on certain conditions and the explicit permission of the author plus paying a licence fee.

I’m aware of the fact that the line between private use and commercial use is not that clear, and it is not explicitly defined by Creative Commons. The definition rather relies on the author being the licenser. But in case you are about to license a work - just ask the author if the purpose you are intending is considered private or commercial use. The metadata of any work licensed under Creative Commons should allow for a contact option.

A slight case of overbombing.

Unfortunately, usage of content licensed by Creative Commons or other free licences in Germany pretty often fails because of the so called GEMA presumption. As of now, due to this presumption, if played, performed or copied for commercial use or in public in Germany, every work of music has to be reported to German collection society GEMA. This applies for composers playing their own music as well as for songs not licensed with GEMA - say, Creative Commons. This is confirmed and supported by German jurisdiction.
Continue reading "The GEMA Presumption as an Entry Barrier (Pt. 1/3)" »

[Deutsche Version] I guess I won’t have to comment much on this one. Just imagine this scenario: Warner Music on YouTube finds a presentation Lawrence Lessig did. Warner Music demands Lawrence Lessig to take down the video of his own presentation.

No April fool’s joke, no misinformation, no fiction. They have done so. And of course, Lessig stands up against.

There is no better way to put it than Michael Masnick did on TechDirt…








Continue reading "Warner's got a brilliant idea - sending a DMCA..." »