buma stemra Art Pirates


Recently i called up Buma/Stemra (Dutch collection society) to find out more information about the pilot project. You can get more information on the Buma/Stemra Pilot project here. http://www.cyberlaw.se/kalle/2007/08/23/creative-commons-och-bumastemra/

What I understood after the conversation was this: Its as difficult to change what a commercial use is for art licensed with creative commons license (for members of rights organizations) as it is to create a license back situation for all artist members. From what i understand a license back situation would allow the artists to deal with their rights as they choose, yet still participate in the collecting system where the artist wanted to. The reason why Buma/Stemra told me that they would not create a license back situation, is that it would cost its members to much and there would be nothing to collect if they did this anyway.

Buma/Stemra see basically no difference between what a commercial use is for art licensed with a NC CC license and art not licensed with one ( for members that participate in the pilot ).  Buma/Stemra see almost everything as a commercial use. If in the future rights organization adopt the NC CC license to their system, would this give the rights organizations the ability to charge all non-profit spaces/media for the use of music works licensed with NC CC licenses ?

A way around this problem might be to add a feature to the license to let the user of the license know that this music art was with a collection society, by doing this creating a new license and less confusion. In time the rights organizations of each country might work towards a NC use that resembles the CC NC license.