> [...] > | e. For the avoidance of doubt: > | > | i. Non-waivable Compulsory License Schemes. In those > | jurisdictions in which the right to collect royalties through > | any statutory or compulsory licensing scheme cannot be > | waived, the Licensor reserves the exclusive right to collect > | such royalties for any exercise by You of the rights granted > | under this License; > > This is worrying, IMHO. > DFSG#1 states, in part: "The license may not require a royalty or other > fee". > Hence I would say that a license where the Licensor reserves the > exclusive right to collect royalties does *not* meet DFSG#1. > On the other hand, in a jurisdiction in which royalty collection rights > cannot be waived, this issue seems to be *unavoidable*... How can that > be worked around? Is this clause a legal no-op? But is this a freeness > issue anyway? How do we deal with jurisdictions where granting some of > the permissions required by the DFSG is *impossible*?
IANAL, IANADD, TINLA, etc. I guess the meaning of this clause is that the Licensor will be the only one to collect such royalties. That is, nobody else will collect them. That is a plus. Here in Brazil and I guess in many other places, there are some offices that are responsible for collecting these royalties. I don't know the details, but they seem to collect in places that publicly display or perform works, based on the number and, perhaps, the authors of the works. But I am not sure they do it nicely. It seems they may charge statically, like 2 hours of show will be about 20 songs and they charge for it, ignoring that you may have a license to publicly perform the work freely. So, this clause would be a plus in cases like this, since the Licensor will not grant some office like this the right to collect those royalties. I don't know if the right to collect royalties cannot be waived in Brazil, but if they can, this clause could say something like: "the Licensor reserves the exclusive right to collect [...], and waive it in the case it is possible/allowed." Regards, Thadeu Lima de Souza Cascardo. -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
