ASCAP (American Society of Composers, Authors and Publishers), one of the three Performing Rights Organizations in the U.S., is a collection agency concerned with the public performance of their members’ copyrighted material. In an attempt to preserve these copyrights and their protection, ASCAP has directed a new attack at those they deem “pontificators of copy left/ free culture”: Creative Commons, Public Knowledge, and Electronic Frontier Foundation.
Earlier this month ASCAP sent members an email seeking contributions for ASCAP’s Legislative Fund for the Arts (ALFA) in an attempt to stop the “mobilizing” of groups seeking to “undermine our ‘Copyright.’” The email warned, “They say they are advocates of consumer rights, but the truth is these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.” ASCAP also made quite clear the consequences that would be faced with the growth of free culture: “the music will dry up, and the ultimate loser will be the music consumer.”
While both Electronic Frontier Foundation and Public Knowledge have advocated for more liberal copyright laws, many will certainly view ASCAP’s attack on Creative Commons as odd.
Creative Commons is a nonprofit organization that provides optional licensing options for artists. The company is “dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright…so others can share, remix, use commercially, or any combination thereof.” Nine Inch Nails, Beastie Boys, Wikipedia, and the White House are just a small sample of the range of users utilizing Creative Commons licensing options. In an ironic twist, Creative Commons noted that they were first alerted to ASCAP’s “smear campaign” through current ASCAP members who also held licenses from Creative Commons.
Lawrence Lessig, founding board member of both Creative Commons and Electronic Frontier Foundation has rebutted ASCAP’s claims that both organizations seek to undermine copyright. The licenses for Creative Commons specifically, “depend upon a firm and reliable system of copyright for them to work…[Creative Commons] only aims to strengthen the objectives of copyright, by giving the creators a simpler way to exercise their rights.”
Lessig, meanwhile, has extended a challenge to ASCAP President Paul Williams for an open debate to address their differences.
Crumpton Law LLC is a Columbus Small Business Law Firm, with attorney Matthew Crumpton serving as managing member and lead attorney.
