Creative Commons Crushes Copyright

A few months ago I started seeing "Creative Commons" over a number of websites, blogs and webpages. The phrase often appeared at the bottom of the site where the normal "copyright or all rights reserved" details would appear. I was curious as to what "Creative Commons" meant, but didn't really give it another thought.

In any event Playback -ASCAP's Quarterly Publication (Fall/Winter 2007) for songwriters and music publishers published a great article entitled Common Understanding: 10 Things Every Music Creator Should Know about Creative Commons Licensing. In a nutshell "Creative Commons" appears to be a nasty situation for songwriters, music publishers or anyone who makes or intends on making a living from their creative works (intellectual property).

Below are 10 points you should keep in mind before agreeing to "Creative Commons." I predict that in 2008 and beyond "Creative Commons" will be a hot topic at music conferences and for entertainment attorneys globally. Below are the brief points as brought to us by ASCAP. For full details visit ASCAP. My friend "Creative Commons" is a prime example of why you need a competent entertainment attorney. You may find many in either the Atlanta Music Industry Connection or Los Angeles Music Industry Connection Book.

1. Irrevocability – All the CC licenses are "irrevocable" - meaning they cannot be changed or revoked; once you place a work under a CC license, the meta-data travels with the digital version of your work - forever.

2. Waiving Royalties – Most CC licenses ask creators to waive the ability to collect royalties - including from public performance rights.

3. Confusions Over "Noncommercial Use" – Many CC licenses are for "noncommercial use." While this would seem to preclude a creator's work from being unfairly exploited for monetary gain, a problem immediately arises: there is no definition of "noncommercial use" under the U.S. Copyright Act.

4. No Support for Rights Enforcement – There is no support for rights enforcement under the Creative Commons system.

5. Potential Global Conflicts – CC licenses are global, which can complicate a creator's ability to enforce his or her rights when those rights are violated.

6. Non-Exclusivity – CC licenses are "nonexclusive," which means that the work's creator will have no future ability to enter into exclusive deals for a work licensed under the Creative Commons system.

7. The Issue of Co-Creators – CC licenses can cause complications for works created by more than one individual.

8. Lack of Distinction Between Types of Uses – CC licenses do not distinguish between types of uses. A music creator's submission of a work to a CC license means that he or she allows the work to be performed, copied, distributed or even synchronized to an audiovisual work.

9. Prohibition of DRM – CC licenses prohibit use of digital rights management (DRM).

10. No "Authentication" When a Work Is Submitted – Even if a creator doesn't want to submit his or her work to a CC license, someone else can. How?

Read the full story in ASCAP's Playback, Music Industry Connection, Get Music Money, Music Conference