1. Herkko Hietanen

2. Articles 20 thesis of Collecting societies and Creative Commons (working paper) Legal and Organizational Issues in Collaborative User-Created Content Some Legal Issues with Open Content Licensing in Europe Legal metadata, open content distribution and collecting societies Challenges of Open Content Licensing in Europe Open Content Distribution Management in Virtual Organizations Legal metadata and open content distribution Open Content Licensing: Case Creative Commons Master Thesis Open source software from copyright and trademark perspective

3. Star Wreck: Open content movie Collecting societies: Service to artists and users Creative Commons: Some rights reserved licensing Interoperability challenges of CC and Collective administration of copyrights

5. Star Wreck Finnish Sci-fi movie Fan fiction Characters are similar to Star Trek Zero Copying Lot of different people helped to make the movie –Music, actors, director, special effects, lawyer… –Main people mr. Torssonen and Vuorensola Creative Commons licensed How does the money move? Movies are huge licensing challenge

6. Collecting societies Serve users –Blanket licenses –Individual licenses for reproduction (copying) Serve right owners –Out source –Collect and distribute royalties –Lobby power –Enforcement Economics of scale

7. Collecting societies ”Global system” –Cultural differences USA / Europe USA: Right owner keeps rights Europe: Member has to transfer all present/ future rights to society Reciprocal contracts between organizations

8. Collecting societies Effectively a cartel –Horizontal co-operation of producers They are usually also (natural) monopolies Membership rate is high among composers ”One stop shop” Governmental regulation is common (EU)

9. Collecting societies Usually run by their members as nonprofit org.  Yearly mandate Funded by administrative overheads (12-20%) Collect royalties from: Radio, TV, background music, downloads, concerts, taxis, kindergartens etc. Average member received: ~1500$ (2004 Finland) –5 % get over 90 % –50% get nothing

10. Back to Star Wreck Music is essential to movies No money to pay royalties Free distribution as a goal  CC licenses Friends willing to compose and give music for free Collecting society didn’t approve

11. What is Creative Commons?

12. Simple user interface

13. Three licenses 3 human readable license 2 legal license 1 machine readable license <!-- <rdf:RDF xmlns ="http://web.resource.org/cc/" xmlns:rdf ="http://www.w3.org/1999/02/22-rdf-syntax-ns#"> <License rdf:about ="http://creativecommons.org/licenses/by/1.0/"> <requires rdf:resource ="http://web.resource.org/cc/Attribution" /> <permits rdf:resource ="http://web.resource.org/cc/Reproduction" /> <permits rdf:resource ="http://web.resource.org/cc/Distribution" /> <permits rdf:resource ="http://web.resource.org/cc/DerivativeWorks" /> <requires rdf:resource ="http://web.resource.org/cc/Notice" /> _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

14. iCommons 2005 ~50 million CC works (Yahoo! link backs to licenses)

15. Creative Commons Challenges Unfamiliar terms: Non-Commercial use You may not exercise any of the rights granted to You … in any manner that is primary intended for or directed toward commercial advantage or private monetary compensation.” No common interpretation

16. Creative Commons Challenges "Work" means the copyrightable work of authorship offered under the terms of this License. Music Video; Underlying composition, background art, performance, lyrics? Informing licensor –Public license –Irrevocable –Royalty free (possible dual licensing)

17. Creative Commons Challenges Can CS sell licenses if the work is CC licensed? –CC = royalty free public license Database needed to identify licensed works –already exists –public trust and identification of licensor Some works have already sneaked into catalogues

18. Creative Commons Challenges Collecting societies are delicate balance No cherry picking Negotiation power  CS as a labor union Collecting society as a bank No advantage for big users who buy blanket licenses –Payola killer?

19. Solution 1 EU commission’s investigation –San Diego Treaty Government regulation Competition between collecting societies (playoffs) Possibility of having CC as competitive advantage

20. Solution 2 No regulation  Let market decide New intermediaries are born

24. Solution 3 Grant back rights for fee / for free Cover the higher admin overheads

25. Q & A Herkko Hietanen hietanen@sims.berkeley.edu