Creative Commons isn’t magic

creative commons

This is a response to a Wired Opinion article by Ryan Singel Dear Facebook: Without the Commons, We Lose the Sharing Web.

Creative Commons isn’t the only way for a layman to license and it’s not particularly flexible. A longish and interesting Twitter conversation with Ryan was inconclusive so here, without the 140 character limit, is what I think and why, and some background.

First, I should say I’m not pro- or anti-Creative Commons, I just don’t see a use for it. For readers who don’t know, this is where I stand, broadly, on copyright. I speak informally for artists and fans (nobody else) and I favour enlightened copyright protection for music and so-called “file-sharing”. I grew up in an age of free music radio and liberal sharing of recordings. I oppose copyright maximalists, anti-copyright lobbyists, Big Content legislation, Big Technology legislation, the DMCA system, DRM and its lovechild subscription streaming, and many other things.

I exploit copyright in this blog and on my web site. I allow public educators, students and certain others to copy and reproduce my work freely—some (normally web businesses who don’t ask) are made to take it down, and that has happened. I do this without Creative Commons or legal professionals. Copyright as it stands is flexible enough. It gives creators a default set of rights but how they enforce them is their choice.

If we imagine copyright as a volume control which comes set at 10, the rights holder can choose their own level anywhere from 10 to zero. On the other hand a CC license comes set at, say, 5 or 3 and is less easy to change.

CC is not an alternative to copyright and it is not anti-copyright, although many people think it is. Creators (authors, writers, composers, performers, etc.) who oppose copyright should simply make their work public domain. Creative Commons is not for them. CC is a set of boilerplate copyright licenses (no different in principle to other blanket copyright licenses) and it does only one thing the rights holder in the street cannot do—it provides legal wording for certain fixed licensing circumstances.

For creators like me, the cottage industry if you like, legalese is something of a shrug. I can read licenses and contracts, and I have successfully advised artists against record labels, but I don’t use any technical wording myself. I have never needed it. Independent artists I know online exploit their copyrights the same way (including sharing) without legalese and without Creative Commons.

Plain English is easy and copyright law is not hard to understand. My “licenses” say: you can use it; you can’t put it on your web site; you must credit the source; and so on. We know nobody ever reads their iTunes terms and conditions, are they more likely to read a CC license? Musicians can and do say: buy one share one; pay what you like; share freely; you can remix it; please give me credit; etc. I can hear the blood draining from lawyers’ wallets as I say that, but hey, it works.

Ryan says:

By creating legal frameworks for licensing content in more flexible ways than traditional copyright laws, Creative Commons became a core part of the original Web 2.0 movement.

Sharing, re-mixing and permission to do it predates Creative Commons. I can see no aspect of CC that is equal to the flexibility and effectiveness of plain language and the imagination of creators.

Of course, from a user’s perspective, rights that curtail free exploitation might be inconvenient.

On Ryan’s broader point, I care less about Facebook and its dwindling relevance to music than about Creative Commons so I happily leave that question to others. But it seems to me anyone publishing content by submitting it to the permanent flux of social network site T&Cs could perhaps seek a simpler solution.

How TV rips off composers

You may have seen this story in the past couple of days: TV Broadcasters Accused of Forcing Composers to Sign Away Their Copyrights. BASCA and ESCA have raised a complaint with EU competition authorities about specific broadcasters in various European countries. (A Billboard story also names the BBC but I haven’t seen them mentioned in any other reports.)

Press reports don’t go into detail but this is how I understand it. Some composers place music directly with broadcasters and would normally expect to collect performance royalties in full—there being no publisher. However, TV companies are said to be forcing composers to accept dubious “publishers” which they own or work closely with.

In effect this means broadcasters are taking 50% of the royalties for doing nothing. Furthermore the complaint alleges collusion between TV companies and blacklisting composers who object to these terms.

There are knock-on effects—publishing is not a trivial task and composers would expect their interests and works to be represented properly. Of course, a sham publishing deal calculated only to raise free money for the broadcaster is highly unlikely to be operated in the writers’ interest.

Note that a great deal of music is placed with TV across Europe (and the rest of the world) through proper publishers and production music libraries, they are not involved.