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CBC Bans Use of Creative Commons Music On Podcasts

Posted by timothy on from the but-that's-un-canadian dept.

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."

2 of 148 comments (clear)

  1. Is this legal? by Pharmboy · · Score: 5, Interesting

    One has to ask if this is legal. Can you collectively bargain to exclude another group? In the USA, I know that it would likely not be. For instance, Company ABC can require a distributor only sell products from Company ABC in order to be a distributor, but it is flatly ILLEGAL for them to say "You can sell any product you want, as long as it is not from Company XZY". We have seen these lawsuits in my industry. You can require EXCLUSIVITY, but you can't exclude a singular company. I would have to imagine that the same would hold true for music under a single license. The key is whether or not someone will try it in court. And no, it doesn't matter what the contract says, it is illegal here. Then again, Canada is like a whole other country.

    --
    Tequila: It's not just for breakfast anymore!
  2. Jumping to conclusions! by Wacky_Wookie · · Score: 5, Informative
    It seem that the CBC was *protecting* the creative commons license, not attacking it. From the Sparks comments section:

    We've been listening to the conversations today regarding a "ban" on the use of Creative Commons music in our podcasts and want to take the opportunity to clarify some of the misconceptions that are floating out there.

    The CBC has always embraced new ways of creating and sharing the content we make (in fact, shows like Spark and previously Search Engine were some of the first in Canada to use this type of music license in their programming), however, just like you, we must do so in a way which respects the limits put on that use by the music's creators.

    The issue with our use of Creative Commons music is that a lot of our content is readily available on a multitude of platforms, some of which are deemed to be "commercial" in nature (e.g. streaming with pre-roll ads, or pay for download on iTunes) and currently the vast majority of the music available under a Creative Commons license prohibits commercial use.

    In order to ensure that we continue to be in line with current Canadian copyright laws, and given the lack of a wide range of music that has a Creative Commons license allowing for commercial use, we made a decision to use music from our production library in our podcasts as this music has the proper usage rights attached.

    Everyone can rest easy-- there are no "groups" setting out to stop the use of Creative Commons music at the CBC, and we will continue to use Creative Commons licensed music, pictures etc. across a number of our non-commercial platforms.

    We hope this helps clarify things.

    Sincerely,
    Chris Boyce Programming Director. CBC Radio.

    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.