Re: registering a composition

[Valentin Villenave]

On 5/21/20, Francesco Petrogalli <address@hidden> wrote:
> In the spirit
> of open source, I initially wanted to use a CC-BY license on the work,
> then I read this and completely changed my mind.
> https://www.ascap.com/playback/2007/FALL/FEATURES/creative_commons_licensing,
> which somehow seems to contradict
> https://creativecommons.org/2010/06/30/response-to-ascaps-deceptive-claims/.

Uh, that’s the other way around.  The CC foundation has been trying to
counter the deceptive claims and outright lies spewed by the copyright
industry and its lackeys.

(To think that ASCAP once used to be the least worst option for
open-minded composers…)

Here’s where I can perhaps bring my own testimony, since I’ve created
some sort of a precedent by having some of my works performed in major
international venues *while* under copyleft licenses (including their
LilyPond source code).  What I opted for was individual handling of my
intellectual rights, since the various collective rights management
organizations in France are, in my view, not respectful enough of
citizenhood and democratic values (let alone any artistic or moral
integrity).

I did receive some legal threats, intimidation and what amounted to
racketeering.  Having done my homework in advance, I calmly asked them
to refer to the exact law articles (national and international) I was
operating under and get back to me.  Each time, I never heard back.
Meanwhile, not having intermediaries such as a third-party publisher
and a rights management organization to answer to, I was free to
contract directly with my commissioning structures and ask them for a
higher cut, while their own cost were lower.

Other benefits include a much closer relationship with music teachers,
small non-profit societies, musicians _everywhere_, librarians,
journalists, priests even (which is quite ironic as far as I’m
concerned), you name it.  Publishing under alternative licenses is an
ethical, human choice, which many people acknowledge and appreciate.

There are two caveats, however.

The first one is with regard to grants and subsides.  Although these
come from the government (local or national), they are generally
handled by private companies (namely, the so-called rights management
organization) and chances are that not subscribing to them will bar
you from ever getting any public sponsoring.  (Granted, the chances
are slim in the first place.)

The second one is that, for better and worse, these are indeed people
that have a very binary world view: you’re either with them, or
against them.  As soon as you’re branded as an enemy (a leftist in my
case), you can expect all sorts of pressure, all the more if you’re
starting to gain traction and artistic reputation.  Some of that
pressure is ridiculously obvious (menacing phone calls, legal threats,
see above); BUT some is much more sneaky: for example, I got blocked
twice on major projects that had _already_ been commissioned (though
the money hadn’t been delivered yet, obviously).  In the first case
the opera house’s accountant received some threats (subsides on an
other ongoing project were taken as hostage) and, as we all know, arts
programming is primarily handled by the accountants nowadays.  In
another case it was some political higher-up that picked up his phone,
asked for my head and got it immediately.

If I had to do it again, I most certainly would (and if anything, I’d
try to make even _more_ noise about it).  But it’s been, and has
remained, an uphill battle; one where you certainly can’t expect the
other side to ever “play fair” -- you are, after all, an existential
threat to all they’ve ever known and everything they’ve been making
profit of.

In the beginning, all I wanted was to spare future musicians the
hassle (the terror, really) that comes with sheet music photocopy in
all French music schools, and which any self-proclaimed “democratic”
nation should be ashamed of.  But the more I’ve discovered and the
more I’ve experienced the system from the inside (and by talking with
innumerable other composers who, just because they’ve once been silly
enough to sign up with a rights management organization, are now
feeling hopelessly trapped and taken advantage of, and look at my own
position with envy), the more I’ve been convinced that I’m, in all
respects (even my bank account, since that’s basically all what the
propaganda comes down to), on the right side of history.

Just my two cents :-)

Cheers,
-- V.