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Buma Stemra Art Pirates
Jamison · Oslo (Norway) · Nov 19th, 2007 2:00 am · 25 votes · 3 comments
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Recently I called up Buma/Stemra (Dutch collection society) to find out more information about the Creative Commons pilot project. Read the press release here. The project was initiated by the Creative Commons team in the Netherlands, this mail thread explains more.
What I understood after the conversation was this: its as difficult to change what a commercial use is for art licensed with Creative Commons licenses (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 would not create a license back situation (according to Buma/Stemra) is that it would cost its members to much and there would be nothing to collect if they did this anyway.
From what I understand Buma/Stemra see little difference between what a commercial use is for art licensed with a Creative Commons non-commercial license and art not licensed with one (for members that participate in the pilot). Buma/Stemra see almost everything as a commercial use. What is going to happen if in the future rights organizations adopt the non-commercials Creative Commons license under the Buma/Stemra conditions? Would this give the rights organizations the ability to charge non-profit organizations for the use Creative Commons non commercial licensed works in that territory ? Consider also: even a small flow from one rights organization might effect the art developing through the use of Creative Commons licensing.
A way around this problem might be to add a feature to the license that would let the user of the license know that the art was administered by a rights organization (Buma/Stemra, yes no). By doing so creating a new aspect to the licenses. In time the rights organizations might work towards a Non Commercial use that resembles the Creative Commons non commercial use. For the rights organizations to build a new system they would have to dismantle/rebuild the old one. What incentive is there for a board of directors that are involved mostly with large publishers to do this?
Buma/Stemra must have been extremely aware of their system when this pilot started and knew from the very moment that it started that the conditions of a commercial use could not be changed. Were the Creative Commons team in the Netherlands aware of this?
Why would Buma/Stemra treat online users of content any differently to off line users ? Consider also: If Buma/stemra do treat a non commercial use differently online, then what is the effect of creative commons licenses on spaces outside the net now and in the future (where the pilot might be introduced)? Is two separate conditions for the use of content a good future to grow up in?
If this pilot continues, users of Creative Commons licensed works and artists that license using Creative Commons licenses are going to be confused.
Who am I to make any assumptions about Buma/Stemra? Although I am from Australia and was previously a member of APRA. Over the last months I have had the opportunity to tour music through the Netherlands. In this time I was able to get feedback from venue owners on how Buma/Stemra deal with small business.
Here's an article with more thoughts on the Creative Commons non-commercial use.
tags: amsterdam netherlands culture buma stemra artist music license creative commons cc nc non-profit organization apra
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