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