Hairdresser, licensed Creative Commons - a cure for RW
So ... I hope I did not confuse anything in this article. Just in case, I warn you, I am not a lawyer and I do not guarantee anything, so that lawyers can correct me.
So it would be 10 years ago. You had no choice. There was no "copyright alternative." But since then, the ideas of Richard Stallman , Professor Lawrence Lessig , dozens of lawyers and thousands of Internet-musicians have turned the situation from head to foot (exactly). And all this by legal means.
Now you have a choice (is it good?Then return the elections to the people, you bastards !!! ). You now have an “copyright alternative.” You can pay RAO, and you can not pay and use music distributed under Creative Commons licenses . But how can we do without RAO? After all, we have only 2 ways: either a licensing agreement with the right holder, or a licensing agreement with radioactive waste. So we will enter into a licensing agreement directly with the copyright holder and it is called Creative Commons [and here are a couple of words].
So, the instruction how not to pay at all (below will be information on how to pay, but a little bit).
Suppose we need pop music for a cafe, i.e. such which can be used for commercial purposes. To find it, go to the world famous website www.jamendo.com . The musicians themselves upload music to this site (if you are a musician, then your musical work still has a chance to get to hundreds of cafes around the world and, looking ahead, I will say that you also get 50% of the income). Choose "pop" and filter the music that can not be used for commercial purposes. We get this page here . You can sort the list by total popularity or popularity in the last month or select the most recent songs. Also you can support say only Russian performers. Choose the album you like and click the blue arrow down “download”, save the archive with the album. While it is being downloaded, save the author's name and license name somewhere in a text file. Repeat the procedure until you pump the number of songs you need. Record music, for example, on a CD. Now print the list of authors and licenses. Now go to the cafe. Insert the disc into the music center, and hang the list on the wall (I think that we will fulfill the requirement of attribution, if not, then you will have to declare the names of the authors in the microphone, but lawyers will correct me if they say something more accurately). Start playback.
Do you think everything? Not!
As soon as you started the public reproduction of music, you automatically accepted the terms of the offer, and a direct FREE-FREE BID (more precisely! !!! No “contracts with everyone”, no to “ unlimited people ” !!!) was written between you and the author of the work !!!) WRITTEN license agreement with the copyright holder (author) of this song. Sleight of hand and no fraud. =)) So, we have a direct gratuitous contract with the author.
But what about RAO? It is widely believed that Creative Commons licenses are, of course, good, but a person will come from RAO and will still take the money. Why? The author may not be against the use of his work, he may even distribute it under a free license, but for RAO it means nothing, RAO will still take money. Because “ the rights management organization on a collective basis, which received state accreditation (accredited organization), has the right, along with managing the rights of those rights holders with whom it has entered into agreements in the manner provided for by paragraph 3 of Article 1242 of this Code, to manage rights and collect remuneration for those holders with whom she does not have such agreements . ”
So this is the wrong logic! Turn again to the law. “ If the right holder directly concludes the license agreement with the user, the rights management organization on a collective basis (ie, RAO) can collect remuneration for the use of objects of copyright and related rights only under the condition that it is expressly provided for by the specified agreement .” So, we have a licensing agreement concluded directly with the copyright holder, which clearly states that you should not pay anyone for the use of the work. Bottom line: RAO rests! Taking this opportunity, I also appeal to free musicians. If you are not in words, but not in deed, you want RAO not to take money from your fans, then distribute your works under Creative Commons licenses.
Now another option. Paid. From $ 58 (1,622 rubles) without VAT per year (for comparison: RAO demanded 1,000 rubles per month ). This version is called Jamendo PRO . You can choose any of 21 Internet radio stations (by genre: pop-rock, electro, jazz, classical music, etc.). Playlists are updated monthly. Only those musicians who have been tested for membership in organizations such as RAO are included in the rotation of Jamendo PRO. When you buy Jamendo PRO, you receive a certificate stating that the performers do not participate in collective copyright management systems, which should be presented in the case of inspections by copyright organizations. Jamendo sends 50% of the proceeds to the authors of the songs.
Who cares about buns like a convenient player and a certificate for pilots, he will use Jamendo PRO, but in principle there is no difference (well, well, the usual Jamendo is a working product, but unstable, and Jamendo PRO is corporate). But, by the way, Jamendo in the FAQ is a little cunning :
That's all.
Gentlemen, we can deal with the hated RAO to all of us only by economic methods , because other methods are not available to us. Of course, you know who the victory will be for, but for this you need not to sit still:
1) musicians need to distribute their works under Creative Commons licenses through Jamendo, for example, and (try =))) earn money through this site
2) cafes, restaurants, hairdressers, shuttle buses and other institutions to boycott radioactive waste and use music under public licenses
3) Habrahabr users should go and tell all their friends and friends about the possibility of not feeding RW
Other sites with music and audio files under Creative Commons licenses (check permission to use for commercial purposes):
creativecommons.org/legalmusicforvideos
creativecommons.org/music-communities
www.webplanet.ru/review/law/2008/11/17/cc_resources.html
en.wikipedia.org/wiki/List_of_works_available_under_a_Creative_Commons_License#Music
en.wikipedia.org/wiki/List_of_projects_using_Creative_Commons_licenses
freemusicarchive.org/curator/creative_commons
Other articles about Jamendo on Habrahabr:
1) jamendo - all for an independent musician
2) Jamendo - music server "free" music
3) Facebook & Jamendo
4) Mangrove invests in Jamendo music portal
5) Music: network deposits
6) Internet for musicians and lovers of exclusive: a review of opportunities
7) Where to find Open Source Music?
Well, something like this. Version 0.1. =)) If there are comments, please. You can take this article as a basis and write better and more understandable articles, correct my mistakes, etc. Open source and crowdsourcing, in short.
This text is distributed under the terms of the Creative Commons Attribution 3.0 Unported License .
You may copy, edit and use this text for commercial purposes with the obligatory indication of authorship.
Hairdressers can be forced to give up the habit of listening to music radio while working: the Russian Authors' Society (RAO) has seized 80,000 rubles. the owner of the Nizhny Novgorod barbershop and threatens with similar claims to other hairdressers, beauty salons, dry cleaners and even shuttle buses if they do not agree to pay.It's nothing you can do. Public performance of copyrighted works is prohibited throughout the world (probably, except for Afghanistan, in which there is no law on copyright protection at all). Anything that is not expressly permitted to use is prohibited. How to get permission? You must personally contact the copyright holder, the owner of property copyright (this, of course, not necessarily the author, because record companies like to take property rights from authors). In the case of “copyrighted music”, of course, it is very difficult for everyone, both users and rightholders, to enter into licensing agreements with everyone and deal with the amount of cash payments. What to do? You are not legally entitled to perform music in public! How to get it right? How to get permission? I also need to have music in the barbershop, beauty salon, dry-cleaner, minibus, cafe, bar, restaurant! Here, RAO comes to the rescue, which, on the basis of the Civil Code, on behalf of the author concludes licensing agreements and permits to play music, simultaneously taking a huge pile of money. Bottom line: music plays in your cafe, radioactive waste is eating!
On May 23, the court of the Avtozavodsky district of Nizhny Novgorod satisfied the claim of the Volgo-Vyatka branch of the RAO to the hairdressing salon No. 100 for the recovery of 80,000 rubles. in favor of the Russian authors of five songs, legal adviser Sergey Chekmarev told Vedomosti. During the inspection, on February 26, RAO employees recorded that Dacha Radio sounded in the cabin. “Publicly playing music for commercial purposes without paying monetary compensation to songwriters is a violation of copyright,” Chekmarev explained.
The authors say that this is not the last lawsuit against hairdressers, beauty salons and dry cleaners.
')
“While these organizations have not yet concluded an agreement with us, they are violating copyright law at every step,” says Maxim Korolev, director of the Volga-Vyatka branch of RAO,. Earlier, Korolev spoke about the plans of RAO to take money from the owners of fixed-route taxis.
Foreign music - Vedomosti, 05/31/2011
So it would be 10 years ago. You had no choice. There was no "copyright alternative." But since then, the ideas of Richard Stallman , Professor Lawrence Lessig , dozens of lawyers and thousands of Internet-musicians have turned the situation from head to foot (exactly). And all this by legal means.
Now you have a choice (is it good?
So, the instruction how not to pay at all (below will be information on how to pay, but a little bit).
Suppose we need pop music for a cafe, i.e. such which can be used for commercial purposes. To find it, go to the world famous website www.jamendo.com . The musicians themselves upload music to this site (if you are a musician, then your musical work still has a chance to get to hundreds of cafes around the world and, looking ahead, I will say that you also get 50% of the income). Choose "pop" and filter the music that can not be used for commercial purposes. We get this page here . You can sort the list by total popularity or popularity in the last month or select the most recent songs. Also you can support say only Russian performers. Choose the album you like and click the blue arrow down “download”, save the archive with the album. While it is being downloaded, save the author's name and license name somewhere in a text file. Repeat the procedure until you pump the number of songs you need. Record music, for example, on a CD. Now print the list of authors and licenses. Now go to the cafe. Insert the disc into the music center, and hang the list on the wall (I think that we will fulfill the requirement of attribution, if not, then you will have to declare the names of the authors in the microphone, but lawyers will correct me if they say something more accurately). Start playback.
Do you think everything? Not!
As soon as you started the public reproduction of music, you automatically accepted the terms of the offer, and a direct FREE-FREE BID (more precisely! !!! No “contracts with everyone”, no to “ unlimited people ” !!!) was written between you and the author of the work !!!) WRITTEN license agreement with the copyright holder (author) of this song. Sleight of hand and no fraud. =)) So, we have a direct gratuitous contract with the author.
But what about RAO? It is widely believed that Creative Commons licenses are, of course, good, but a person will come from RAO and will still take the money. Why? The author may not be against the use of his work, he may even distribute it under a free license, but for RAO it means nothing, RAO will still take money. Because “ the rights management organization on a collective basis, which received state accreditation (accredited organization), has the right, along with managing the rights of those rights holders with whom it has entered into agreements in the manner provided for by paragraph 3 of Article 1242 of this Code, to manage rights and collect remuneration for those holders with whom she does not have such agreements . ”
So this is the wrong logic! Turn again to the law. “ If the right holder directly concludes the license agreement with the user, the rights management organization on a collective basis (ie, RAO) can collect remuneration for the use of objects of copyright and related rights only under the condition that it is expressly provided for by the specified agreement .” So, we have a licensing agreement concluded directly with the copyright holder, which clearly states that you should not pay anyone for the use of the work. Bottom line: RAO rests! Taking this opportunity, I also appeal to free musicians. If you are not in words, but not in deed, you want RAO not to take money from your fans, then distribute your works under Creative Commons licenses.
Now another option. Paid. From $ 58 (1,622 rubles) without VAT per year (for comparison: RAO demanded 1,000 rubles per month ). This version is called Jamendo PRO . You can choose any of 21 Internet radio stations (by genre: pop-rock, electro, jazz, classical music, etc.). Playlists are updated monthly. Only those musicians who have been tested for membership in organizations such as RAO are included in the rotation of Jamendo PRO. When you buy Jamendo PRO, you receive a certificate stating that the performers do not participate in collective copyright management systems, which should be presented in the case of inspections by copyright organizations. Jamendo sends 50% of the proceeds to the authors of the songs.
Who cares about buns like a convenient player and a certificate for pilots, he will use Jamendo PRO, but in principle there is no difference (well, well, the usual Jamendo is a working product, but unstable, and Jamendo PRO is corporate). But, by the way, Jamendo in the FAQ is a little cunning :
The track that interested me was released under a BY or BY-SA Creative Commons license: why in this case should I buy a Jamendo PRO license?In fact, the licenses explicitly state that gratuitous public performance is permitted.
Creative Commons licenses such as BY and BY-SA confirm that performers do not object to the commercial use of their music. This does not mean that they are ready to provide their music for free.
That's all.
Gentlemen, we can deal with the hated RAO to all of us only by economic methods , because other methods are not available to us. Of course, you know who the victory will be for, but for this you need not to sit still:
1) musicians need to distribute their works under Creative Commons licenses through Jamendo, for example, and (try =))) earn money through this site
2) cafes, restaurants, hairdressers, shuttle buses and other institutions to boycott radioactive waste and use music under public licenses
3) Habrahabr users should go and tell all their friends and friends about the possibility of not feeding RW
Other sites with music and audio files under Creative Commons licenses (check permission to use for commercial purposes):
creativecommons.org/legalmusicforvideos
creativecommons.org/music-communities
www.webplanet.ru/review/law/2008/11/17/cc_resources.html
en.wikipedia.org/wiki/List_of_works_available_under_a_Creative_Commons_License#Music
en.wikipedia.org/wiki/List_of_projects_using_Creative_Commons_licenses
freemusicarchive.org/curator/creative_commons
Other articles about Jamendo on Habrahabr:
1) jamendo - all for an independent musician
2) Jamendo - music server "free" music
3) Facebook & Jamendo
4) Mangrove invests in Jamendo music portal
5) Music: network deposits
6) Internet for musicians and lovers of exclusive: a review of opportunities
7) Where to find Open Source Music?
Well, something like this. Version 0.1. =)) If there are comments, please. You can take this article as a basis and write better and more understandable articles, correct my mistakes, etc. Open source and crowdsourcing, in short.
This text is distributed under the terms of the Creative Commons Attribution 3.0 Unported License .
You may copy, edit and use this text for commercial purposes with the obligatory indication of authorship.
Source: https://habr.com/ru/post/120503/
All Articles