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.