Unlocking IP 2009 presentation – Elliott Bledsoe (Creative Commons Australia and QUT) – Still No Good: APRA’s non-commercial licensing amendments and

  • APRA (Australasian Performing Right Association) takes full assignment of all past, present and future performing rights
  • not compatible with CC licensing (there is assignment back option or non exclusive licence for a specific purpose option, but these are not really helpful for CC)
  • so…

APRA has offered the non commercial licence back –

  • right to sub-licence communication right for non commercial purposes
  • no consideration or financial incentive
  • no direct or indirect financial gain on behalf of sub-licensee
  • sub-licensee is a not for profit entity
  • entity does not receive public or institutional funding

What is consideration?

  • Consideration is broad at law
  • should be read with “financial incentive” to limit?
  • But use or word “or” (“consideration or financial incentive”) suggests not
  • very wide

What is a not for profit entity?

  • Synonymous with non-profit
  • tax department – activities or entities where primary purpose not directed towards commercial advantage
  • entity? – under Corporations Act can be individual, partnership, trust etc.

Commercial advantage?

  • Who is making gain?
  • What about content exhibition – MySpace; lastfm.com etc.

Results?

  • Many things ruled out
  • members probably want to make use of online platforms
  • but probably not within scope of licence back
  • members may not understand this
  • Only grants communication online right
  • Rules out CC
  • because CC is a broad grant for other rights beyond communication
  • and CC applies to any use – online or offline

So CC still not available to APRA members

But at least APRA is trying. Hope for more progress in future.