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."

Comments

In some places probably is

[Sycraft-fu]

Because this isn't a single company being targeted. This is similar to union laws in non-"right to work" states. In those places, if there is a union that represents you in a given job, membership to that union in mandatory. You must be a member and pay dues so long as you work in that position, no choice. Also the unions can and do negotiate union-only contracts with companies. The companies will hire only union shops for work, no non-union contractors may bid. This is all legal.

Now that isn't everywhere, other states don't allow that, but a number of them do.

Re:Workaround?

[russotto]

After we paid once, ASCAP came sniffing around for more money. They assume they are underbilling and you're guilty of underpaying.

"And that is called paying the Dane-geld; but we've proved it again and again, that if once you have paid him the Dane-geld you never get rid of the Dane. " -- Rudyard Kipling

Re:Is this legal?

[rtb61]

In this case there is the CBCs own mandate "actively contribute to the flow and exchange of cultural expression" http://www.cbc.radio-canada.ca/about/mandate.shtml and nothing does that more than the creative commons which does it freely.

In relation to Canadian law there is also this "(ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view," http://laws.justice.gc.ca/eng/B-9.01/page-1.html#anchorbo-ga:l_I-gb:s_3. In one fell swoop they have excluded all Canadians who make use of and contribute to the creative commons and they have effectively barred CBC from contributing to the creative commons in contravention to the law that governs the Canadian Broadcasting Corporation

In this case not only should the illegal contract get overturned but the criminals that signed it should be fired.