Slashdot Mirror
CBC Bans Use of Creative Commons Music On Podcasts
An anonymous reader writes "The producers of the popular CBC radio show Spark have revealed (see the comments) that the public broadcaster has banned programs from using Creative Commons licenced music on podcasts. The decision is apparently the result of restrictions in collective agreements the CBC has with some talent agencies. In other words, groups are actively working to block the use of Creative Commons licenced alternatives in their contractual language. It is enormously problematic to learn that our public broadcaster is blocked from using music alternatives that the creators want to make readily available. The CBC obviously isn't required to use Creative Commons licenced music, but this highlights an instance where at least one of its programs wants to use it and groups that purport to support artists' right to choose the rights associated with their work is trying to stop them from doing so."
To add some clarity, I am pretty sure that the basis for the lawsuits in my above statements was due to the Sherman Act, which says in part:
"Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal."
"Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony [. . . ]"
Tequila: It's not just for breakfast anymore!
The Harper government has recently muscled in on political control over what government scientists can say publicly. The tar sands (re-branded as oil sands) is an ecological disaster. The list goes on. Don't expect sanity from this band of leaders.
This would likely not be possible simply because you don't have ASCAP or BMI handling the royalties, and they can't collect royalties on stuff that is both copyrighted as exclusive content and as CC. ASCAP and BMI have to HATE the CC, because there are no royalties to collect, so no way to screw over artists..er, collect on behalf of artists.
Own a bar? You pay ASCAP and BMI based on number of seats. Play only CC music? They will still claim you owe and try to shut you down, usually successfully. You see, a band *might* come in and play a song that they collect for. ASCAP and BMI are pretty much like the mafia, except the mafia has a code they live by.
Tequila: It's not just for breakfast anymore!
According to Chris Boyce, Programming Director for CBC radio, the reason for the ban against CC music is that evidently most creative commons music is explicitly *NOT* licensed for any sort of commercial use.
I can understand the CBC's reluctance to want to use something that is explicitly barred from being used in any commercial context.
While not all CC music has such prohibitions, I suppose that it's apparently enough that the CBC figures it's simpler to just block it entirely than try to figure out exactly which ones are okay.
File under 'M' for 'Manic ranting'
SinceSpark is available on areas of the net that are being monetized, which can violate Creative Commons rules (non commercial) on the vast majority of music (and most forms of CC-licensed work) available for use.
CITATION NEEDED.
1) Go to Jamendo.com.
2) Mark "Find content I can use for commercial purposes." and "Find content I can modify, adapt or build upon"
3) Results: 9307 albums
Not only there is plenty of CC music that you can use for commercial purposes, as it's extremely easy to separate from the rest; there's absolutely no reason for banning CC music as a whole just to prevent uses of other CC licenses.
Dilbert RSS feed
It would be illegal if the CBC did NOT have this policy.
Bullshit.
their PodCasts are ad supported. Almost all CC music forbids commercial use.
So - because some CC-licensed music is non-commercial, then *ALL* CC-licensed music is illegal on an ad-supported blog?
Logic. You fail it.
The CBC has said that you cannot use music that forbids commercial use
No. They said you cannot use Creative Commons licensed music, some of which (as you have already pointed out) does not forbid commercial use.
Slashdot, of course, went the same rout it always goes with news: Outright lies.
No, that would be you.
There are people working on solving this problem, check out for example this link: http://www.kickstarter.com/projects/Musopen/record-and-release-free-music-without-copyrights
c++;
Microsoft got nailed for bundling a web browser with their operating system (which was stupid, in a lot of people's opinions).
MS also got nailed for forcing Dell to pay for a license even on computers that didn't ship with MS software (the original source of the phrase "Microsoft Tax"). This was a separate issue than bundling IE with the OS. And if Dell is putting "We recommend Windows 7" on their website, rest assured that it isn't because they are forced to (the former lawsuit already settled that), it is because they are being paid to. If you read the recent news about how most of Dell's profits weren't from selling computers, but from "rebates" from Intel which have now ended due to ethics issues raised about Intel, then you would see that Dell is looking for any way to make money. A check on their stock price over the last 10 years would also indicate this.
Tequila: It's not just for breakfast anymore!
That isn't exactly true. What they will do first is send you a contract asking you to list whatever was played and then payup accordingly. If you ignore that, then they send a bill based on what they think you owe. And if you ignore that, then they sue.
I worked for an organization which was hit up by ASCAP. "An annual fan event like SD Comicon" would be close enough. ASCAP didn't know exactly what we played and let us tell them. There is no "does not apply" option. You are assumed to owe for something.
There are tick boxes for live performances, bands, etc.
We ended up paying for an electronic reproduction license for not too much money. It fit us because everything we played was actually from some electronic source. We had little live music. Just some non-ASCAP, non-BMI musicians who played their own stuff.
After we paid once, ASCAP came sniffing around for more money. They assume they are underbilling and you're guilty of underpaying.
Sig for hire.
There are recordings that have fallen into the public domain. And the US military bands play quite a bit of classical music, and (as it is a work of a US federal government employee working on government time) any recordings of those are public domain as well. I have a great recording of the 1812 Overture played by the Marine Corp band, with live artillery. Check musopen.com for a bunch of public domain music.