At all2gethernow, I am going to discuss the topic as a part of the #camp. Furthermore I’m participating in the discussion on “Collection Societies and Rights Management”. Hopefully, many of you will join us to discuss. Those who can’t be there in person, please join our community. There, you will be able to submit suggestions and comment on anything.
So, please take this series of articles as some kind of basics to what I’m going to discuss with all of you at all2gethernow. No matter whether it’s online or offline. Posts are published day by day.
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)" »
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