new ways of doing music business

Creative Commons & Sound

In May 2008, front man of the noir-rock band Nine Inch Nails (http://nin.com) Trent Reznor music business announced to the world that they were releasing a second album, The Slip (http://theslip.nin.com), case studies under a Creative Commons licence, encouraging fans to download, distribute, and mashup their work. In doing so, NIN was making an indelible Ancient Free Gardeners 11 mark upon the music industry: take note, business models are on the move. Andrew Garton 13 Audiophile 16 Offering a flexible framework with which to manage copyright, CC provides artists with the Jonathan Coulton 17 opportunity to engage creatively with content. As early adopters of the flexible CC licences, Creative Commons musicians demonstrate an increasing interest Music Collaboration in entrepreneurial activities through online and Project (CCMP) 19 offline community-based and collaborative initiatives. Presenting the incentive to ‘Rip. Jamendo 22 Sample. Mash. Share,’ in 2004 Wired Magazine Knives at Noon 27 released a CC remixable CD, featuring the Beastie Boys, David Byrne, Le Tigre and Magnatune 29 Gilberto Gil, amongst other artists of note (http://creativecommons.org/wired). This venture Nine Inch Nails 32 gave rise to the ccMixter.org online community, Pocketclock Records 35 an award-winning project which is currently being converted into a business spin-off to explore the Postmoderncore 37 commercialisation of user-generated content. Topology 39 More recently, as the music industry has turned Yunyu 41 towards new business models appropriate to the digital era, several ‘survival strategies’ OpenVoice Free PBX 43 have been posited by David Byrne (www.wired. com/entertainment/music/magazine/16-01/ ff_byrne) and the Open Rights Group in the United Kingdom (www.openrightsgroup.org/ building an australasian commons

creativebusiness/index. independent Australian artists and labels php/Main_Page). In to connect with their community of fans this environment, an through CC licences. Employing CC increasing focus has as a promotional tool, local musicians been placed on CC’s role such as anime-inspired pop star Yunyu, in innovative practice. experimental ensemble Topology and Pioneering music sites New Zealand synth-rock band Knives such as Magnatune (http:// at Noon allow free downloads of their magnatune.com) represent works for non-commercial purposes, a concerted effort to and offer albums for sale on CD Baby introduce innovation to the and Jamendo. Such distribution, management of content, bypassing traditional publishers, has combining open access been embraced as a way of increasing philosophies with revenue- the bands’ prominence in both local and raising mechanisms. international markets. At an international level, the innovative business approach Building on this innovation, expressed by the independent and in December 2007, Creative idiosyncratic Jonathan Coulton has Commons outlined its been shown to work well in his favour. CC+ framework (http:// His experiment with new ways in wiki.creativecommons. which content can be distributed and org/CCPlus), which aims disseminated as a result of the Internet to encompass both the has born significant fruit, with 45% of his sharing and the commercial income in 2007 being derived from paid 10 economies, offering artists digital downloads. the ability to relicense their work non-commercially Whether engaging in distribution models whilst retaining the right as an emerging artist or a megastar, for resale to commercial musicians are navigating a new dynamic enterprises. Business which promises greater creative control. strategies embracing CC are The Creative Commons licensing currently being considered scheme signifies a departure from the and implemented by an traditional middle-man approach, and as ever-increasing series of such, represents a unique opportunity to sites, including Jamendo, capitalise on creativity whilst giving back Beatpick, Strayform, to the community. Youlicense, RightsAgent, Blip.tv, the Copyright Clearance Center, and Cloakx. These models ‘thank you for provide salient illustrations of different engagements your continued with commercial practices, Images: 3.0 BY-NC-SA CC US, http://theslip.nin.com which are continually being and loyal support The downloadable package redefined in the effort to for The Slip available from the capture the imagination of over the years Nine Inch Nails website included online audiences. the music files for the tracks - this one’s on me.’ accompanied by a PDF of album The following case studies Trent Reznor artwork. These are four images underscore the desire of from the album artwork. http://ninblogs.wordpress.com

New Ways of Doing Music Business creative commons case studies Ancient Free Gardeners description: Ancient Free Gardeners are an indie-rock band from Melbourne, Australia, using Creative Commons licences to distribute

their music. website: http://ancientfreegardeners.com licence used: CC BY-NC-SA 2.5 Australia, http://creativecommons.org/licenses/by-nc- sa/2.5/au media: Audio Image: By Bo Hui. 2.5 BY-SA CC AUS, http://ancientfreegardeners.com/?page_id=13 location: Melbourne, Australia Ancient Free Gardeners (Left to Right) Callum Barter, James Milsom, Steve Morfesse and Gautam Raju Overview internationally through the use of Creative Commons licences, having previously been signatory to distribution Ancient Free Gardeners are an indie- deals that have borne significantly rock band in Melbourne, Australia. less than what the band had aimed for. The band consists of James Milsom Their first album is currently being pieced (vocals, guitar), Gautam Raju (bass together. The singles will be available 11 guitar), Callum Barter (drums) and Steve under Creative Commons; perhaps the Morfesse (keys, vocals). The band whole album. plays original music written by James Milsom at venues in Melbourne and (on occasion) tours interstate. Licence Usage The band takes its name from the friendly society, Order of Free For the self-titled release the Creative Gardeners, which dates back to around Commons Attribution-Noncommercial- the 15th century. What is the actual ShareAlike 2.5 Australia licence was link between the two? The tram into used. After almost completely selling out Melbourne CBD from the cemetery- of the five-track EP without recouping side sharehouse in which the band was expenses, the band tried another angle established rushes past the now-defunct for the distribution of the same songs: to adopt Creative Commons. James Milsom, Ancient headquarters of the Free Gardeners’ Free Gardeners Melbourne branch. An impulse caused vocalist and guitarist, two band members to make a visit on The entire EP is available on their website for free download (http:// took part in the one occasion, and so bizarre was the ancientfreegardeners.com/?page_id=49) Creative Commons experience that the adoption of the name Clinic Intern Program or streaming. It is also available on the was a foregone conclusion. in 2008. During his Creative Commons distribution platform internship, James Jamendo (www.jamendo.com/en/ Ancient Free Gardeners earn income researched and wrote album/22206) and through commercial a paper exploring the from playing live shows, CD sales and distribution points including Apple’s digital music sales via iTunes. However, need for new business iTunes music store. models for the music the band is not yet self-sustaining, and sector and what these is financially supported by the members. Though no statistics are available new models might The band aims to reach wider audiences for downloads, the band believe they look like.

Creative Commons & Sound building an australasian commons ‘...once you understand that with CC licences you don’t actually have to lose all of the rights to the music, there is nothing but bene!t that you can derive. You have next to nothing, so you have nothing to “lose”’

James Milsom, Ancient Free Gardeners

derived very little benefit from the distributive and promotional effect they release being on iTunes and other sought. But since making their music online music retailers. The move to open available free for non-commerical use content licensing was a very recent one, they have gained from several significant so the band has not yet experienced promotional opportunities such as a any significant benefits from licensing feature on the Obscuresound music blog its music under Creative Commons, but (http://obscuresound.com). Equally, they looks forward to the experiment. They negotiated a synchronisation licence recently expanded their experimentation with LonelyGirl15 (www.lg15.com/ 12 with CC by releasing the single Innards lonelygirl15/?p=452) for the use of the Out on the website under the same track ‘I am not a shipwright’ which would Ancient Free licence as their previous release. ultimately be viewed more than 60,000 Gardeners time. Despite this increased exposure have been they still only saw a minor rise in iTunes experimenting sales. with the use of Motivations Creative Commons The Creative Commons Attribution- licences. Their first James Milsom, front-person for the Noncommercial-ShareAlike 2.5 release, a self-titled band, first heard about Creative EP, and their recent Australia licence was chosen because Commons at a lecture on innovation single Innards the band wished to reserve their right made by John Wilbanks, the Executive Out are both to attribution. Further, having licensed Director and Vice President of Science available on their work previously and experienced fairly Commons (http://sciencecommons. website under a severe difficulty in generating any org). The band became aware of the Creative Commons profit through independent music, the distribution and publicity potential Attribution- band wished to reserve their right to Noncommercial- afforded by the Internet. First steps into commercially license their music should ShareAlike 2.5 the area using iTunes failed to have the Australia licence. the opportunity arise. Said Milsom:

“For the thousands of bands just like us, once you understand that with CC licences you don’t actually have to lose all of the rights to the music, there is nothing but benefit that you can derive. You have next to nothing, so you have nothing to lose.” Image: self-titled EP artwork EP Image: by self-titled

New Ways of Doing Music Business creative commons case studies Andrew Garton description: Andrew Garton is a prominent Australian-based writer, producer and digital media adviser who widely employs and advocates the use of Creative Commons licences. website: http://agarton.wordpress.com licence used: Website/Blog: CC BY-NC-SA 2.5 Australia, http://creativecommons.org/licenses/ by-nc-sa/2.5/au and Flickr: CC BY-NC-SA 2.0 Generic, http://creativecommons.org/ licenses/by-nc-sa/2.0 media: Audio, Video, Text, Images location: Australia

Communications, is a member of the Overview Arts Law Consortium of Victoria, and a founding member of Open Spectrum Andrew Garton (http://agarton. Australia (http://openspectrum.org.au). wordpress.com) is a prominent Australian-based writer, producer Garton commenced his career at age and digital media advisor who sits at 14, participating in community and public the forefront of new media practice 13 access media and contributing to the and community cultural development. experimental music scene(s) in Sydney, A passionate advocate for Creative Australia. Performing and producing as Commons and open content licensing, synthesist, saxophonist, and spoken- Garton works across a number of word performer projects which express the aims of from the late inclusivity, sustainability, and respect Andrew Garton 1970s, he played for local context. As the current with punk/soul Managing Director of the online and band Private community media group, the Association Lives (1979- for Progressive Communications – 1983) and fusion/ Australia, (apc.au) (http://apc.org. improvisation au), Garton places focus on building outfit Lingo Babel sustainable IT infrastructure and (1985-1987). In community-based media based the late 1980s initiatives in Australia, South East Asia, he formed the and the Pacific Islands. For example, acoustic-based apc.au consults on delivery platforms to White Punks on the Melbourne City Council – supported Hope and the Home Lands project (http://wiki.apc. jazz/punk trio, org.au/index.php?title=Home_Lands). Return from Home Lands intends to assist young Nowhere. For refugees to reconnect with their ABC Classic dispersed communities through an Radio's The innovative Internet television programme. Listening In addition, Andrew serves as Room (now Secretary of the Executive Board of the off-air), Garton international Association for Progressive Image: By Garton. CC BY-NC-SA 2.0 Generic, www.flickr.com/ Generic, 2.0 Image: BY-NC-SA By Garton. CC

Creative Commons & Sound building an australasian commons

(MIFF) in 2001. It was further performed,

in part, for the Fringe Fashion Awards (Melbourne), Multimedia Arts Asia Pacific (MAAP) (Brisbane), the Melbourne International Arts Festival and the Electrofringe (Newcastle, NSW). Furthermore, in 2003, Andrew was commissioned to produce a situationist- inspired interactive work, D3, for the Australian Centre for the Moving Image

Image: By Garton. BY-NC-ND CC 2.0 Generic, www.flickr.com/photos/andrew-garton/2547023611 (ACMI), where he spent two years as Andrew Garton introduces the Remix Forum for VIDEO SLAM 02 interactive media consultant.

performed Sensorium Connect (www. In 2005, Garton accepted the role as abc.net.au/arts/room/sensorium), Open Channel’s (www.openchannel. the first generative sound piece for org.au) inaugural Program Director, Australian radio and Internet in 1997, effectively relaunching the 35-year- in collaboration with performance old organisation. The new programme artist Stelarc (www.stelarc.va.com.au). of activities included the Creative Composer of numerous documentary Commons-inspired VIDEO SLAM (www. soundtracks, interactive installations openchannel.org.au/blogs/videoslam), (both online and offline), and publisher the Certificate III in Screen course, of articles on independent media, Producing for Community TV, the generative music and radio art, Garton’s FRAMED lunchtime seminar series and composition and performance has the community mobile movies initiative, 14 been characterised by employment Talking Docklands: Video Quilt. of streaming technologies, generative sound works and collaborative, cross- disciplinary approaches, exploring Licence Usage broader interpretations of screen culture and the moving image. Andrew Andrew is a strong supporter of Creative releases his various projects through the Commons. His initial website and blog Secession (http://secession-records.org) were licensed under a CC BY-NC- label. Succession’s website is licensed SA 1.0 Generic licence, now CC BY- under a CC BY-NC-SA 2.0 Generic licence. NC-SA 2.5 Australia licence, and his photographs on Flickr (www.flickr.com/ Under the auspices of Toy Satellite photos/andrew-garton) are licensed (http://toysatellite.org), Andrew has under a CC BY-NC-SA 2.0. produced several of the earliest audiovisual streaming projects in For Melbourne Arts Law Week Australia, contributing to internationally- 2007 (www.artslaw.com.au/events/ acclaimed and award-winning sound PastEvents/VICArtsLawWeek2007. works and generative compositions asp), Garton created the Open Channel commissioned by both the Australian VIDEO SLAM (www.openchannel.org. Broadcasting Corporation (ABC) and au/blogs/videoslam), ‘a unique event in ORF/KunstRadio (Austria). In 2001 that it not only provides a forum for the he produced Undercurrents, which open content philosophy, it’s host to a launched the Taipei International Arts hybrid form of production where people Festival. This piece was subsequently from across many arts disciplines can commissioned for performance at the meet, network and make something… first multimedia event to be hosted by together!’ As a collaboration with the Melbourne International Film Festival the Creative Commons Clinic and

New Ways of Doing Music Business creative commons case studies

EngageMedia, the Victorian Arts Law their work to be made in perpetuity Consortium and Melbourne’s Horse under OCL, an artist kicks at the core of Bazaar, its focus rested on flexible globalisation’s founding beliefs. licences for the creation of new works that are given back to the community When asked why he chooses flexible from which the material came. The licences such as Creative Commons, second VIDEO SLAM, ‘Appropriate and how he is able to make money via Original,’ saw the creation of four unique the initiative, Andrew responds that: shorts, two of which were produced with no copyright restrictions what so ever, ‘Just as we have to think of all four being launched at the innovative different ways of living, so too Remix Forum (http://agarton.wordpress. do we need to think of different com/2008/05/25/vs02-remix-forum), also ways of earning an income. I do conceived and produced by Andrew. not think it is possible to earn the kind of money we have come to Andrew performed at the inaugural 2006 expect from creative industries Creative Commons Australia Salon by merely posting our content online. In addition, we can no (http://creativecommons.org.au/ccsalon), longer afford to live as we have incorporating content from across the done so, as our forefathers Australian Creative Commons, such as have done… we just do not images from the CCau Flickr pool (www. have the resources to support flickr.com/groups/ccaustralia) established this. As such, I feel tools such for the event. Garton chronicled this event as Creative Commons are part in his Reprise (http://agarton.wordpress. of the discussion we should be com/2006/12/01/ccsalon-reprise). having about our lives, how we 15 live, how and what we learn and the mechanisms required to Motivations support innovation and creativity, that which sustains life, gives it meaning and purpose - a lifetime On 30 March 2007, Andrew addressed of learning rather than a lifetime the Queensland University of of uncertainty.’ Technology’s Creative Commons Clinic (ccClinic) with a provocative presentation Ultimately, Andrew sees the CC titled Are We Insane? (http://agarton. movement as doing more than offering wordpress.com/2007/04/05/are-we- cool sampling licences: ‘They are insane). In this, he expounded on contributing to a revitalization of humanity’s tendency under the effects creativity and cultural development as of globalisation to mass-produce items a collective effort. It ensures diversity, so they appear as mirror images, sustains it and keeps our fans free of being ‘manifestations of our liberal fines and some of them even out of jail.’ economies… which at the extreme… ensure a McDonald’s in every capital Andrew Garton performing at the Australian ccSalon 2006 city, the same clothing labels on every back, brands on every t-shirt and Big Brother haircuts in every pub across the country – what I’m talking about is homogeneity.’ by yinyang. BY-NC-ND CC 2.0 In vociferous response, Andrew perceives flexible licensing as challenging such overarching concepts of ownership – by allowing copies of DSC-8368-version 2 Image: Generic, www. ! ickr.com/photos/albertyinyang/309524021

Creative Commons & Sound building an australasian commons Audiophile

description: Audiophile is an Australian online repository of interesting soundbites.

website: www.audiophile.org.au licence used: CC BY-NC-SA 2.5 Australia, http:// creativecommons.org/licenses/by-nc- sa/2.5/au Audiophile catalogue page, July 2008 media: Audio location: Australia

Overview Licence Usage

Audiophile is an Australian not-for- Contributions to Audiophile are profit which publishes audio works by published under the Creative Commons young and emerging producers. Topics Attribution-Non-Commercial-Share Alike 16 include social justice, the environment, 2.5 Australia licence, and are available for free download unless otherwise Indigenous specified. issues, the arts, ‘Creative and popular Commons offers culture. Audiophile Motivations showcases field an important recordings, cultural Audiophile emphasises contributions features, radio which engage with their surroundings, option for plays, social collecting audio recordings which reflect documentaries, creators’ own experiences. The site people to audio postcards and offers a way to profile recordings which may not otherwise be heard, placing an experimental sound distribute their emphasis on documentary format rather designs. than music, and the exploration of social work around the justice and environmental issues. Audiophile world without provides publishing The founder of Audiophile, Shyam, told opportunities for Rachel Cobcroft from CCau via email limiting their emerging media interview in January 2008 that he had first heard about Creative Commons producers and aims through a friend who is a graphic right to some to pay professional designer and fellow artist about three control over their rates for production years previously. Shyam emphasises through a limited the flexibility and control that CC gives creative output ’ number of to artists about the distribution and commissions. commercial use of their works. Shyam, Founder of Audiophile

New Ways of Doing Music Business creative commons case studies Jonathan Coulton

description: Jonathan Coulton is an independent and unsigned singer-songwriter who utilises Creative Commons licences to help promote his music via free downloads. website: www.jonathancoulton.com licence used: CC BY-NC 3.0 Generic, http://creativecommons.org/licenses/by-nc /3.0 media: Audio location: United States of America

buy t-shirts, books and games from the Overview merchandise section. There are even karaoke versions available of some of Jonathan Coulton is a singer-songwriter the songs. Evidencing his enthusiasm based in America. Coulton refers to his for engaging fans, Coulton has also music as an experiment in the new ways performed concerts in the virtual world, in which content will be distributed and Second Life (http://creativecommons. disseminated as a result of the Internet. org/weblog/entry/6056). 17 His rationale, in his own words, ‘I give away music because I want to make music, and I can’t make music unless I make money, and I won’t make any Licence money unless I get heard, and I won’t get heard unless I give away music’ (www. Usage Jonathan Coulton jonathancoulton.com/faq#Who). In 2005, Coulton began a project titled Thing a The licence Week, where he wrote and released a adopted for all new song on his website every week Coulton songs for a year (www.jonathancoulton.com/ is Creative primer/thing-a-week). The project was Commons aimed at getting publicity for Coulton’s Attribution- music, and several of the songs including Noncommercial ‘Flickr’ and ‘Code Monkey’ were big 3.0 licence. Internet hits. The Thing a Week project Coulton highlights was released via a weekly podcast, with the importance each song being available under a CC he places on Attribution-Noncommercial licence. allowing his Coulton has all of his music available fans to have the to stream on his website, with many chance to use his songs also available for free download. work in whatever Customers can then buy songs in either way they choose, MP3 or FLAC format for $US1 and including albums for between $US5 - $US10. remixing and Customers can also make donations adding to his via Pay Pal or Amazon, buy physical work (www. CDs through online distributor CD Baby, jonathancoulton. download songs as ringtones for free, or com/faq#Use). Image: By Dale May. Used with permission.

Creative Commons & Sound building an australasian commons

of CC, I still had that panicky ‘Creative Commons is the lizard-brain fear about file sharing. I can understand why most powerful idea that it’s a hard thing for people in the industry to get over – I I’ve heard since they told totally sympathise. But at least for someone in my position, it’s the best thing I could me there was going to be have done. Every month I get more traffic, more donations/ a sequel to Star Wars.’ sales, and more fans. I’m quite certain that having a CC Jonathan Coulton, www.jonathancoulton.com/faq#CC license on all the music has really helped that process. If Though unable to release any statistics, someone who’s never heard Jonathan says in an email interview my music before gets a free with James Milsom on 5 April 2008, mp3 (or twenty) and likes it, that some of his songs have been chances are they’re going to downloaded hundreds of thousands pass it along to some friends, of times, and 45% of his income in blog about it, maybe even 2007 was from paid digital downloads. make a video for it. Each one Jonathan’s content has been used of those outcomes means in music videos made by fans and more exposure, more fans, posted on YouTube, subsequently and more chances for people receiving (in some cases) over a million to pay me – something that hits. Fans have also created cover wouldn’t have happened versions of his songs, artwork, dances, as easily if the music was 18 plays, card games and even guitar all locked up with DRM and instructional videos. Coulton says that the full battery of copyright this sort of outcome is very satisfying restrictions.’ and validating, but more importantly http://nwn.blogs.com/nwn/2006/09/ from a business point of view, such the_second_life.html enthusiasm from fans has meant that he has received a great amount of free Also, while understanding the publicity. significance of being able to give music away legally, Jonathan sees the importance of protecting some rights in Motivations the music; the noncommercial aspect of the licence he uses serves this Jonathan Coulton heard about open purpose well. He sees it as important content licensing through his previous for musicians to reserve their right to work writing software. He heard commercially license their content if an Lawrence Lessig speak at the PopTech opportunity to do so comes their way. conference in 2003, and was sold on the Creative Commons rationale Jonathan uses the Creative Commons immediately. Attribution-Noncommercial 3.0 licence. When asked about the benefits of Following trials using licences that licensing his music under CC by incorporated the ShareAlike provision, Wagner James Au for New World Jonathan found that it was too difficult Notes in September 2006, Jonathan to monitor whether people were indeed responded: ‘sharing alike’ and licensing derivative content in the same manner that he ‘It’s gone very well for me. had licensed the original. For that At first, even though I was all reason, he abandoned use of the fired up about the possibilities ShareAlike provision.

New Ways of Doing Music Business creative commons case studies Creative Commons Music Collaboration Project (CCMCP) description: CCMCP provides musicians with applications to contribute to collaborative audio projects. website: http://ccmcp.info licence used: CC 3.0 Generic Suite, full copyright and Public Domain Dedication. media: Audio location: Global CCMCP homepage, July 2008

Overview files, which comprise an individual track, such as for lead guitar or drum, or a multi-track composition. If a musician is The Creative Commons Music inspired by a particular project, they are Collaboration Project (CCMCP) was encouraged to download it according developed by Yoav Givati to create to its specified copyright terms, and a community among musicians who embellish it in their own way. Once 19 share their songs, beats, and ideas the new track has been uploaded, the with other artists who will tweak, mix, musician will be able to receive feedback edit and expand upon their works in via comments and ratings from other infinitely creative ways. Offering a members. CCMCP’s Forums (http:// collaborative platform of applications, ccmcp.info/forums) facilitate discussions tools, and discussion fora, the project on the collaborations, enabling education emphasises a holistic music education through interaction. through interaction between professional musicians and beginners, assisting The CCMCP project is currently in beta Content that is users in the interpretation of music form. Since its commencement on part of CCMCP is notation, playing technique, theory, and 20 May 2007, CCMCP has reportedly available through skill development such as writing lyrics, taken on several different shapes. a downloadable tablature, and understanding technical desktop application Wanting to remove the distance between equipment and recording software such that utilises Adobe musicians via the Internet – to recreate as Logic, SONAR, and Audacity. Integrated Runtime the experience of jamming live – the (AIR) (www.adobe. project has employed technologies such The CCMCP Library application com/products/air ) as skypecasts to content management to access the CCMCP underpinning the site is a collaborative systems, and custom-built applications catalogue. music engine which allows subscribed for research and development. Currently, users to contribute to listed musical CCMCP developers are in the process of Adobe AIR lets projects. Within CCMCP’s Project area developers use proven building a platform to replace the present (http://ccmcp.info/project), artists are web technologies to implementation that will further embody encouraged to outline how they wish build rich Internet the ideas of openness, community, others to interpret their works, which are applications (RIA) that and education. Founder Yoav Givati streamed and available for download. deploy to the desktop envisages creating a system for live and run across Each project consists of a number of gigs, podcasts, classifieds and show operating systems.

Creative Commons & Sound building an australasian commons

listings, and aspires towards releasing India to Johannesburg, South Africa, compilation albums of work created on visitors to the site are diverse. Most the site. The project plans to go live in come from the United States of America, the next few months under the domain then Canada, followed by the United Ear-Drum.org. Kingdom, Italy, and Brazil. A few enthusiastic testers have gone beyond In an email interview conducted the simple feature requests, and through with Rachel Cobcroft from Creative discussions over Instant Messaging have Commons Australia, CCMCP creator provided the main development team Yoav Givati explains that to date, with in-depth examinations of desired the CCMCP has attracted attention features and functionality of the site. from two main demographics: web developers interested in progressive web technology and musicians who are tired of the severe disconnect Licence Usage of online music ‘communities’ like MySpace (www.myspace.com) and With the new implementation of the Bandspace (www.bandspace.com) CCMCP site, Yoav Givati and his (before it became a ‘waiting page’), development team intend to allow users where users are walled off from one to select among the six main Creative another and where musicians are forced Commons licences in addition to a to market themselves, thereby creating Public Domain option and the standard a somewhat insincere, competitive © All Rights Reserved. The goal for environment. this implementation is to give users the 20 freedom to do whatever they want with their content and whatever is welcomed Statistics with each other’s.

Since CCMCP’s launch, the site has The CCMCP’s current Terms of Use attracted more than 2000 unique (http://ccmcp.info/terms.html) specify visitors, of whom approximately 150 that user-submitted audio is subject to have registered to test and use the copyright or the CC licence the user who application. Ranging from Mumbai, uploaded it assigns to it. By uploading copyrighted materials such as audio and images, the user grants the CCMCP the right to stream and display that ‘I started developing with copyrighted material on CCMCP for as long as the user keeps it on CCMCP. the intention of exposing Users have the right to remove their content whenever they wish, and the people to music; the idea CCMCP does not claim any ownership that everyone should have over such content. As explained on the CCMCP Project free, unfettered access to all site (http://ccmcp.info/project), the CCMCP Library is technically a Rich kinds of music.’ Internet Application (RIA) which allows the subscribed user to access the site’s Yoav Givati, Founder, CCMCP music library, as well as contribute to www.chalk-it-out.com/causes

New Ways of Doing Music Business creative commons case studies that library through the addition of their be applicable across the depths of the own original or transformative tracks. Internet regardless of region, nationality The library is catalogued and viewable or legal system. by projects, which carry descriptions specified at point of creation. Each ‘The idea that I – not some project can have unlimited files added by governing body – could decide an unlimited number of people. how others can interact with my Each project file (in MP3 format) is work and that declaring those assigned a Creative Commons licence rights didn’t involving sending or full copyright, which gives the off for some customized musician control over how others use patent or making some vague and manipulate their works. Artists declaration of insertion into the public domain. …Creative can also specify uses through adding Commons was applicable to so detail to the description box about much more than just computer how they wish their work to be used. code, and as a musician, artist, The description as to how others can and naïve programmer, the wheels sample or create derivative works can be in my head just began spinning changed during the file’s initial upload or and aren’t likely to stop soon.’ at any time thereafter. Yoav Givati, in email conversation with Rachel Cobcroft from CCau, 12 April 2008 The RIA is accessable via the main website or can be downloaded onto a CCMCP’s stated purpose is to create PC or Mac. The RIA is part of a new a music-rich community focused on breed of Internet application that exists education and musical experimentation, 21 independently of web browsers. It and to deliver this environment to requires the Adobe Integrated Runtime anyone with Internet access. The (AIR) environment to run. concept underlying CCMCP is thus a simple one: to take the feeling of an intimate yet open community and Motivations provide access to knowledge, granting users the freedom to get knee-deep in CCMCP creator Yoav Givati first heard each other’s creative works for the sake about Creative Commons after entering of learning, sharing, and connecting. the world of web development in mid- Yoav adds: 2006, when he was introduced to the idea of flexible rights for creative ‘A big part of that freedom is content. Yoav immediately began allowing users to define their reading up on open source, GPL, own boundaries for a given copyleft, and Creative Commons. work, rather than forcing them to adopt someone else’s Creative Commons appealed to him not view of the optimum rights for only because the licences seemed to sharing. We believe the creator reach the widest spectrum of users, but should define the purpose he also found that in reading through the for their work and based on documentation and browsing through our feedback we can say that different implementations there was a people believe the purpose of distinct sense of openness that other creating is to share, at the very alternatives lacked. In addition, Yoav root, for the sake and in the found a sense of community where it hopes of enriching someone seemed possible for the licences to else’s experience.’

Creative Commons & Sound building an australasian commons Jamendo

description: Jamendo is a music platform offering artists the ability to promote, publish, and be paid for their music while still making it available for download under Open licences. website: www.jamendo.com licence used: Currently includes full CC 3.0 Suite (including international variations), CC 2.0 Suite (including international variations), CC Sampling Plus 1.0, http://creativecommons. org/licenses/sampling+/1.0, CC Noncommercial Sampling Plus 1.0: http:// creativecommons.org/licenses/nc-sampling+/1.0 and Free Art Licence: http://artlibre. org/licence/lal/en media: Music location: Global

Overview 50% of revenue gained from advertising. By registering for this optional programme (www.jamendo.com/en/ Jamendo is a unique music platform static/help_revenueshare), artists aiming to assist artists to ‘promote, share in the site’s profits according to publish, and be paid for’ their music. their page views. In addition, Jamendo Found May 2004 in Luxembourg by 22 offers the ability for users to donate free culture enthusiasts Sylvain Zimmer, directly to their favourite artists through Laurent Kratz and Pierre Gérard, a PayPal ‘tip jar’ facility. Artists receive Jamendo has established a dedicated close to 100% of monies donated: a international community. Utilising peer- small administrative fee is deducted. to-peer distribution methods, such as This has been the first serious attempt BitTorrent (www.bittorrent.com) and of a file-sharing site to provide a direct eMule (www.emule-project.net), coupled way to compensate musicians for their with Creative Commons and Free Art work. Furthermore, by adopting Creative licensing, Jamendo emphasises the Commons, the site offers the possibility legal distribution of content. Its business to distribute music freely, while model is based on the concept that the preserving the basic rights of the artist. wide dissemination of content across networks As a portmanteau of ‘jam’ and leads to ‘crescendo,’ the Jamendo platform popularity and unites: prominence: ‘Be known ß A legal framework to support and artists, through Creative recognized. Commons and Free Art Spread Licensing; your music worldwide.’ ß An integrated rating and recommendation system Jamendo is adapted from iRATE (http:// the first site irate.sourceforge.net), a to offer its collaborative filtering system contributors for music; Jamendo homepage, July 2008

New Ways of Doing Music Business creative commons case studies

ß Free, simple, and quick access to music through tag Statistics searches; ß Use of common peer-to- As of 5 November 2007, Jamendo hosted over 5000 albums peer technologies, such and 336,000 artists, equivalent to: as BitTorrent and eMule for album download and Available hours of music 4592 content streaming; Number of album tracks 70 966 Number of available artists 336 914 ß music in MP3 and Ogg Number of registered artists 196 851 Vorbis file formats; and Number of known concert dates 2905 ß Mechanisms to make direct Total size of distributed files 2.52 TB donations to the artists Number of distributed files 289 418 through PayPal. Finished BitTorrent downloads 2 310 084 Data transfered with BitTorrent 106.74 TB Number of available languages 26 Each artist is assigned a personal Number of reviews 54 288 profile which includes links to their Source: www.jamendo.com/en/?p=stats works, information about licensing, photos, event announcements and user-submitted reviews. As of 5 their content from the site November, 2007, Jamendo hosted at any point, and are thus over 5000 albums and 336,000 not prevented from signing artists. By 21 May 2008, Jamendo had exclusive contracts with significantly increased their offerings: record companies. featuring 9249 albums, 56904 album 23 reviews, and 338131 active members. Artists are encouraged to increase their revenue by: Jamendo emphasises that it is: ß embedding the Jamendo ß A nonexclusive platform: Player or Widget featuring the artist remains the their album into blogs and owner of their music, websites; which they are free to ß advertising the link to distribute by any other Jamendo on flyers, artists' means at their disposal. sites etc.; Jamendo maintains a ß spreading the word about strong commitment to On 6 June 2008, Jamendo: the more popular complementing traditional Jamendo announced music distribution methods, the site, the greater the hit a partnership with such as CD sales. count and thus the greater Archos, manufacturers the revenue. ß A zero-cost platform: of the Archos WiFi portable media player. Jamendo provides hosting On 29 October 2007, economist Aaron Through a specially for free. Site costs are designed interface, kept low by using P2P Schiff from 26econ.com (www.26econ. com/music-by-donation-some-data) Archos users are able distribution. Minimal to download anything wrote on the progress of voluntary advertising is included in the Jamendo on the site and included donations on Jamendo, providing catalogue freely and in audio streams to raise statistics as follows, in addition to legally. revenue. the Excel file (www.26econ.com/wp- content/uploads/2007/10/donationdata. ß A free platform: Artists xls) of the data. This sits alongside reserve the right to remove Jamendo’s donation statistics (www. Image: “Archos AV500” by Michaël Boulenger, www.flickr.com/photos/ bmika/192500158, 2.0 BY CC Generic

Creative Commons & Sound building an australasian commons

jamendo.com/fr/get/ donations (across all months) donation/list/donation/ is skewed. Most donations data/plain/?dni=info_ cluster around relatively low common&n=all). values, but there are a number of higher donations. There were On analysis, Schiff found 12 donations of $100 or more. that total donations were www.26econ.com/wp-content/ small: uploads/2007/10/hist.png

Jamendo currently Attracting Venture Capital funding in claims about 69,000 July 2007 from Luxembourg-based songs are available Mangrove Capital Partners, an early for download… Over investor in Skype, Laurent Kratz, the 22 months there Jamendo’s CEO and Co-Founder, were 1,454 donations stated: made, for a total value of US$21,150. So ‘With this funding, we plan to each artist is receiving become the undisputed global very little money, if anything player of free music. More than a music sharing platform we www.26econ.com/wp-content/ are economically supporting uploads/2007/10/count.png and promoting the long tail Images: (Top to Bottom): Cover for SaReGaMa’s single Aquarius BY-NC-ND 3.0 , CC Unported; Revolution Void’s Increase the Dosage, 3.0 Unported; BY-NC-SA CC Pornophonique’s 8-bit Lagerfeuer, BY-NC-ND 2.0 CC German and self-titled EP of Blue Haired Girl, 2.0 France BY-NC-SA CC of music. We have a proven Looking at the raw business model where music data, people generally is not only proposed for free to 24 make donations end consumers but we are also of round numbers, closing an increasing number mostly multiples of of partnership agreements and $5 or €5. There were licensing deals.’ a few odd donations though, like 5.99 or http://creativecommons.org/ 6.49. The largest weblog/entry/7571 donation was about $204. The smallest The lessons able to be learned from the was $5, which is the Jamendo site by other online publishers default minimum (particularly e-book entrepreneurs, in donation that the this instance) have been summarised website suggests. by Robert Nagle (www.teleread.org/ Across all donations blog/?p=6138) as follows: the average was $14.55. 1 There are many content www.26econ.com/wp-content/ creators willing to give their uploads/2007/10/mean1.png content away; 2 Tools for distributing, There’s a slight Jamendo hosts a diverse range cataloguing, and rating this trend upwards over of music: from instrumental (like are constantly improving; time in the average SaReGaMa’s single Aquarius) to monthly donation, but 3 The openness permitted by acid jazz (like Revolution Void’s Creative Commons offers Increase the Dosage), from a linear trend is not a way for independents to German electro (Pornophonique’s statistically significant 8-bit Lagerfeuer) to French rock As you might expect, compete against various (Blue Haired Girl) the distribution of mainstream media operations;

New Ways of Doing Music Business creative commons case studies

4 Audio books can easily go based open source software application the ‘way of Jamendo,’ as inspired by ccPublisher (http://wiki. has been demonstrated with creativecommons.org/CcPublisher), podiobooks.com; and as used by the Internet Archive (http:// 5 Although the site has yet to archive.org). As with ccPublisher, this produce a lot of revenue, it tool allows users to select an appropriate does so without DRM. This Creative Commons licence and to tag may cause difficulties in audio and video files with metadata verification. through an administrative panel (www. jamendo.com/en/static/artists_how). Nagle concludes that ‘Jamendo is an inspiration for people in the content In addition, each artist’s profile clearly creation field regardless of genre.’ details their licence terms under the ‘Your rights on this album’ section, linking to the relevant Creative Commons deed. It also includes a CC Use of Creative Commons logo on embedded widgets which pops up the relevant licence badge which links Jamendo’s entire catalogue is available to the relevant deed. for free download, under various Creative Commons or (less commonly) the Free Art Licence, the English- Motivations language version of the Licence Art Libre, a French copyleft licence applying Jamendo allows artists to distribute to works of art. their work across peer-to-peer networks 25 via legally-recognised means. The site Jamendo’s Creative Commons search harnesses the power of the Internet for interface (www.jamendo.com/en/ rapid recognition of talent, and rewards creativecommons) presents thumbnails the artist for their work through fair of the albums which fall into the six compensation mechanisms. In adopting Creative Commons licence categories, Creative Commons, the site offers the clearly showing which albums are possibility to distribute music freely, while available for remix or commercial use. preserving the basic rights of the artist. Jamendo employs the ‘Jamloader’ tool (www.jamendo.com/en/jamloader) ‘By authorising the free for uploads, a GPL-licensed, Python- distribution of your album on

Statistics

As of 7 November 2007, the distribution of licences on As of 21 May 2008, the distribution of licences on Jamendo Jamendo was: was:

Attribution 98 Attribution 196 Attribution-ShareAlike 498 Attribution-ShareAlike 1163 Attribution-Noncommercial 45 Attribution-Noncommercial 70 Attribution-No Derivatives 87 Attribution-No Derivatives 167 Attribution-Noncommercial-ShareAlike 2694 Attribution-Noncommercial-ShareAlike 4902 Attribution-Noncommercial-No Derivatives 1365 Attribution-Noncommercial-No Derivatives 2121 Sampling + 0 Sampling + 129 Noncommercial Sampling + 419 Noncommercial Sampling + 262 Free Art Licence 229 Free Art Licence 222

Creative Commons & Sound building an australasian commons

these networks, you are helping to make Peer-to-Peer tools legitimate. And, your work will receive additional recognition and publicity due to the current media attention on the subject.

You will be recognized as an artist with mature views on music distribution.’ www.jamendo.com/en/static/artists_why

The site's Chief Technology Officer Sylvain Zimmer outlines the three reasons why Jamendo decided on Creative Commons as the site’s licensing framework:

1 The flexibility of the licenses that let the artist choose ‘how free’ they want their music to be. 2 The clarity of the “human- readable” license page and 26 the quality of the “machine- readable” and “lawyer- readable” license pages. 3 Creative Commons is an organization supported by great individuals, a vibrant community and a tremendous growth rate worldwide.

As to users’ individual motivations to license under CC, Dailymotion (www. dailymotion.com), a Paris-based video- sharing site, recently called upon Jamendo’s artists and users to provide testimonials and anecdotes of their experience with the site.

New Ways of Doing Music Business creative commons case studies Knives at Noon ‘The music market description: Knives at Noon are an indie-electric- rock band based in Dunedin, New is so saturated and Zealand, utilise Creative Commons to encourage remixing of their music. Creative Commons website: www.myspace.com/knivesatnoon is another way we licence used: Creative Commons BY-NC-SA 3.0 New Zealand, http://creativecommons.org/ can reach more licenses/by-nc-sa/3.0/nz media: Audio people with our location: New Zealand music.’ Oli Wilson, synth and vocals for Knives at Noon

‘Andy would send me songs, I Overview would add in a synth line or add in a line, send it back to him. It Knives at Noon are a progressive New would go to and fro, then we’d Zealand band formed in late 2007 send it to Tim, he’d write some by vocalist and guitar player, Andrew rhythm stuff for it, and then Ketels, synth and bass player, Oli Wilson when we’d get back together and drummer, Tim Couch. Having just in Dunedin, we pretty much 27 been placed in the top 32 bands for rehearse and take it on the road.’ MTV Australia’s Kickstart Competition and completing a national tour (finishing Their creative processes have resulted up with a session at the Red Bull Live in a debut EP of richly detailed tracks to Air Studio in May), the group have stamped with each member’s sound. been prolific despite such a short time Drummer Tim Couch says that finished together. songs end up consisting of about twenty parts of separate recordings. The band attribute their success to their reliance Knives at Noon – (From Left to Right) Tim Couch, Oli Wilson and Andy Ketels on modern technology and music-sharing practices including Creative Commons, enabling them to create a unique sound as well as to build their fan base. At one point, the band members were spread between Dunedin, Auckland and Papua New Guinea, which led to working via the Internet and traditional post to construct tracks. As recounted to Jane Hornibrook from Creative Commons Aotearoa New Zealand, Oli Wilson explains: Image: Higgins. Lyn Teri Used with permission.

Creative Commons & Sound building an australasian commons

Creative Commons has led Knives at Noon even further towards open Motivations collaboration, enabling producers and DJs around the world to sample and Bass and synth player Oli Wilson first remix their work. Since releasing their heard about Creative Commons when tracks, the band have engaged interested he met Elliott Bledsoe from Creative parties in the UK, America, Australia and Commons Australia while visiting friends New Zealand who download and make in Brisbane. After picking up the Asia derivatives of the original tracks to form and the Commons Case Studies 2008 new material. Knives at Noon welcome handbook and Unlocking the Potential others to use their work, providing through Creative Commons Oli was producers with the Pro-Tools recording convinced that Creative Commons would files to sample at will. be invaluable for Knives at Noon. The group decision to take on an By embracing the potential of Internet Attribution-Noncommercial-ShareAlike file-sharing enabled by Creative licence reflects the band members’ Commons and hosting site MySpace preference for open sharing. Knives at (http://www.myspace.com), the band Noon feel that even though they allow have attracted listeners from all over the sharing and remixing of their work, the world in a way that would not have been noncommercial terms of their Creative possible ten years ago. To hear Knives Commons licence will help them strive at Noon online, visit their MySpace page for commercial viability through tours (http://www.myspace.com/knivesatnoon). and royalty payments. In fact, vocalist Andy Ketels believes that giving fans the freedom to share is the best way to reach their goals as established musicians 28 Licence Usage because ‘more people are using our music.’ Oli adds that: Knives at Noon use a CC BY-NC-SA 3.0 New Zealand licence for their six- ‘The music market is so track EP release. They choose Creative saturated and Creative Commons to allow other musicians to Commons is another way we remix their tracks. Already, artists such can reach more people with our as Future One (Auckland), Darkist (UK), music. I like it how our ideas Dean Lawz Brisbane, (Australia), Benny aren’t entombed.’ Electric Brisbane, (Australia), Woosh (Dunedin), MC Beau (Dunedin), Undertow The band knows that ‘the Internet (Dunedin), Module (Wellington) and has changed everything.’ Knives at Michael Schraa (Dunedin) are remixing Noon have used advances in digital tracks. While these parties cannot make collaboration, music sharing and the commercial use of the original or remixed Internet as a social medium to their full work without permission from the band, advantage and are leading the way to Knives at Noon are planning to release a online creative success. limited edition ‘remix’ tape later in the year. Benny Electric’s remix single cover and Knives at Noon EP cover

Since releasing their 6-track, self-titled EP under a Creative Commons licence, Knives at Noon have seen their tracks remixed by international and local artists including Darkist from the United Kingdom. In Australia, Brisbane’s Benny Electric's remix of the track ‘Get Outta My Head’ won the Voter’s Choice for June 2008 on the social network MySongCast (http://mysongcast.com). You can hear his mix on his MySpace page (www. myspace.com/ bennyelectric).

New Ways of Doing Music Business creative commons case studies Magnatune description: Magnatune is a pioneering online record label that uses Creative Commons licences to promote its catalogue with free samples of songs, alongside a variable pricing model. website: www.magnatune.com licence used: Creative Commons BY-NC-SA 1.0 Generic, http://creativecommons.org/ licenses/by-nc-sa/1.0 media: Audio location: Global Magnatune homepage, July 2008

‘Open Music is music that is Overview shareable, available in “source code” form, allows derivative Magnatune is an online record label works and is free of cost for based in Berkeley, California that was non-commercial use. It is founded in 2003 by John Buckman. the concept of “open source” Underpinned by the philosophy that computer software applied to 29 ‘Musicians need to be in control and music.’ enjoy the process of having their music released’ (www.magnatune.com/info/ Magnatune has been a leader in the ethos), Magnatune aims to attract wider implementation of the CC+ protocol, exposure for its artists than they would promoting artists’ sustained commercial have achieved employing traditional success alongside this sharing model music distribution models, which in turn (www.magnatune.com/info/model). CC+ enables the creation of a fan base and allows a significant proportion of an gaining of income. The site supports artist's income to accrue from business musicians by offering 50/50 revenue deals, with licences automatically deals within a variable pricing model, made famous by Radiohead’s 2007 In generated using forms on the website. Rainbows release. Buyers can purchase Licences generated are royalty free either MP3 copies of albums at a price (meaning the initial licensing fee is the buyer determines to be fair, ranging on a one-off basis) and cost between between $US5 and $US18, or physical $US150 and $US5000. From both CDs for a fixed price. Magnatune offers music sales and sub-licensing, artists streaming audio of its artists’ music for receive 50% of the sale price. As at In March 2005, free as a promotional ‘try before you buy’ 12 January 2006, artists received, on Magnatune began strategy. average, somewhere between $US1500 experimenting with and $US4000 per year from Magnatune music distribution by releasing ‘Tuneplug’: Allowing Creative Commons downloads (Linux User Magazine, www.magnatune. a USB portable flash of music tracks realises John’s dream of com/info/press/coverage/img/lud.pdf). drive pre-loaded with ‘open music’ (www.magnatune.com/info/ John’s vision is to provide an income of complete MP3 albums openmusic), countering the musician’s $US10,000 p.a. to a third of the artists from 10 Magnatune biggest hurdle of obscurity. signed to the label. artists.

Creative Commons & Sound building an australasian commons

Licence Usage to artists using CC licences, thus preventing any artist from the country from being able to work with Magnatune The licence used for all Magnatune (or similar platforms). A major benefit content is the Creative Commons of using Creative Commons licensing Attribution-Noncommercial-ShareAlike in Magnatune’s experience has been the ease with which other distribution platforms ‘This is very exciting news about such as radio station Last. fm, and non-commercial podcasts, can use Magnatune. This is precisely the Magnatune content. kind of innovation that will solve the current crisis within music.’ Statistics

Magnatune has (at Lawrence Lessig, founder, Creative Commons 11 March 2008, www. www.magnatune.com/info/openmusic magnatune.com/info/stats): 269 artists, 593 albums 1.0 Generic licence. This licence and 8696 songs available. The highest provides the basis of Magnatune’s ‘open average payment made for an album music,’ allowing works to be shared, has been $US10.43. As at 11 March made available in ‘source code’ form, 2007 (1 year before writing), 70 licences 30 remixed, and free of cost for non- were being sold per month. Classical commercial use. music still dominates paid downloads, contributing 30% of revenue. Music compressed to 128 kbit/s quality is either downloadable (when chosen as a ‘song of the day’) or streamed for Motivations users to hear music in order to attract them to the options of either buying MP3 ‘If I retain all rights to files or licensing music for commercial everything, then I’m not use. Users are invited to pass tracks necessarily going to further to three friends, and are permitted my own goals, whatever they to sample and remix these for non- might be, so I’m going to open commercial purposes. Ten percent up and let some of my rights be of the catalogue is also available as available for free under certain ‘source’ materials, as scores, MIDI conditions because I find it files, samples, and track-by-track audio furthers my goals overall.’ files (http://www.magnatune.com/info/ John Buckman, CEO, Magnatune openmusic). www.openrightsgroup.org/creativebusiness/index. php/John_Buckman:_Magnatune Magnatune is a pioneer for Open Content Licensing in independent music, Magnatune licenses under Creative with the company’s website providing Commons primarily for promotional anecdotal evidence of success with the reasons. Unrestricted access to content use of Creative Commons licences. logically allows for easier dissemination However, the organisation does flag of that content. Where other platforms as an issue the fact of some countries’ and labels online offer small samples collecting societies acting as a barrier of songs or songs at dramatically

New Ways of Doing Music Business creative commons case studies lower quality than CDs, Magnatune uses Creative Commons licences to enable it to allow potential customers to listen to full, near-CD quality versions of the songs with fewer restrictions. Restrictions being placed on mainstream commercial content to attempt to combat copyright infringement are referred to as Digital Rights Management (DRM). Where these technologies are designed to limit the use and transfer of copyrighted content, Magnatune hoped to provide ‘clean’ song files, meaning that they could be freely transferred and used. Reflecting this, Magnatune allows its customers to send purchased song files to three friends (www.magnatune. com/info/give). The argument is that if potential customers can hear a whole song without any restrictions in high quality, they are more likely to pay for the song.

Another motivation in the creation of Magnatune has been the need to be 31 selective of content. From around 400 submissions each month, Magnatune releases about 10 albums based on their quality (http://creativecommons.org/ weblog/entry/7002). While the nature of many distribution platforms, especially the social networking ones such as MySpace, is to be specifically non- selective, Magnatune bucks this trend and aspires to become a ‘label’ with a reputation of quality, respecting both artists and fans alike.

An in-detail study of Magnatune has been published by the Open Rights Group at www.openrightsgroup.org/ creativebusiness/index.php/John_ Buckman:_Magnatune

Creative Commons & Sound building an australasian commons Nine Inch Nails

description: American band Nine Inch Nails (NIN) rocked the music establishment by releasing its last two albums under a Creative Commons licence. website: http://nin.com licence used: Creative Commons BY-NC-SA 3.0 USA, http://creativecommons.org/licenses/by- nc-sa/3.0/us Media: Audio Location: United States of America Image: “Trent Reznor, February, 2008 (Press Photo) “ by Nine Inch Nails Official, www.flickr.com/photos/nineinchnails/2348368204, 2.0 BY-SA CC Generic Overview Trent Reznor Reznor explains their philosophy of free On 2 March 2008, prominent and release: polemic American noir rock band Nine Inch Nails (NIN) (http://nin.com) ‘The end result is a wildly 32 departed from previous music industry management practices by releasing varied body of music that we’re Ghosts I-IV (http://ghosts.nin.com) under able to present to the world in a Creative Commons licence. Giving ways the confines of a major fans the ability to remix and redistribute record label would never have the tracks from a multitude of different allowed – from a 100% DRM- formats, Ghosts I-IV (also known as free, high-quality download, The first 9 tracks to the most luxurious physical of Ghosts (titled "1 Halo 26) encapsulates the free spirit of Ghosts I" through the age to rip, mix, and share, creating package we’ve ever created.’ "9 Ghosts I") are a community of ardent followers. The http://ghosts.nin.com/main/more_info available as a free thirty-six track album is divided into four download from parts, with the first nine unnamed tracks The artistic team behind the project the Nine Inch Nails offered for free download, and the entire included Trent Reznor, Atticus Ross, website. album available for $US5 as well as in and Alan Moulder, with instrumental a variety of pressings and packages at contributions from Alessandro Cortini, All 36 tracks on different prices. This move has been the album were Adrian Belew, and Brian Viglione. released under a widely regarded as a master stroke for Collaborating with Artist in Residence Creative Commons the band: by selling an accompanying (A+R, www.ainr.com), Rob Sheridan Attribution- $US300 ‘ultra-deluxe limited edition’ moulded the album’s accompanying Noncommercial- version of the album on vinyl, NIN visual and physical aesthetic. Share Alike 3.0 netted $1.6 million overnight. Expanding United States the album into the ‘visual world’ a week Two months after the release of Ghosts licence, meaning after release, front-man Trent Reznor people who had I-IV. Nine Inch Nails (http://nin.com) announced the launch of the Ghosts licensed a second album, The Slip purchased the full Film Festival project on YouTube (www. album were free (http://theslip.nin.com) under Creative youtube.com/group/ninghosts), calling for to distribute the Commons. Pitched as ‘one hundred users’ film and audio submissions to ‘be album under the percent free’ by Reznor, The Slip (also terms of the CC as creative as you like.’ licence.

New Ways of Doing Music Business creative commons case studies known as Halo 27) has been proclaimed In contrast to services which as a further challenge to the music prevent re-distribution of industry, defining an alternative path tracks, all files are 100% for musicians interested in the self- DRM-free. promotion of works. Available for digital download in an array of formats – MP3, lossless FLAC, MP4 (M4A), and the Motivations impressive higher-than-CD quality 24- bit, 96kHz WAV files via torrents – the Utilising Creative Commons ten tracks are readily remixable via their has been a successful multi-track audio source files available strategy for NIN: the on the Nine Inch Nails Remix site manoeuvre has accrued (http://remix.nin.com). The release also includes a PDF with artwork and credits. substantial profit and prominence in the world- Pre-empting the album release, the wide press. As widely single Discipline was distributed freely reported on 4 March via the official NIN site in April 2008, and 2008 (www.techdirt. a second, Echoplex, was released for com/articles/20080304/ free from iLike (www.ilike.com). To cater 162842435.shtml), the $300 for the substantial fan base interested ultra deluxe edition of Ghosts in acquiring sought-after merchandise, I-IV, limited to 2500 copies, NIN released the album on vinyl and sold out in a matter of days. CD under a variable pricing model over With fans still keen to seek the American summer period. The site ‘personalisation, authenticity, 33 states 'The Slip will remain free for embodiment’ in the hard download indefinetely' (http://theslip.nin. copy, Kevin Kelly notes that com/physical). considerable incentives remain surrounding items released for ‘free’ (www. Licence Usage kk.org/thetechnium/ archives/2008/01/better_ NIN actively encourages its fan base than_fre.php). In relation to to engage with its music, through the release of the deluxe redistribution, remixing (http://remix.nin. editions and associated com) and user-generated film festivals products, Mike Linksvayer (www.youtube.com/group/ninghosts). observes: As with Ghosts I-IV, The Slip is licensed under a Creative Commons Attribution- ‘If an artist typically makes Noncommercial-ShareAlike 3.0 United $1.60 on a $15.99 CD sale, States licence. NIN’s intention with this profit from sales of the limited release is clear, as per the site (http:// edition already matches dl.nin.com/theslip/signup): profit from a CD selling Images: 3.0 BY-NC-SA CC US, http://ghosts.nin.com hundreds of thousands of ‘we encourage you to remix it copies.’ Included in the downloadable share it with your friends, http://gondwanaland. package for Ghosts I-IV is a PDF post it on your blog, com/blog/2008/03/04/ of album artwork. These are four play it on your podcast, nin-ghosts of the images included in that give it to strangers, document. etc.’

Creative Commons & Sound building an australasian commons

Celebrating their North American tour ‘@glenn that is exactly what with a free EP sampler Lights In the Sky Reznor is hoping he will do, (http://dl.nin.com/lightsinthesky/signup) convince his fans that he is Trent Reznor adds: the man so that the next time something is for sale they will ‘If you like what you hear, be buy it up. It is called selling sure to show up early to the free, and it works every time, show (and please remember especially in the online arena. to support them by purchasing Still, it is a masterful move their music, if so inclined).’ and shows that he knows how http://ninblogs.wordpress.com/ to manage his brand better 2008/06/05/new-band-new-tour-sampler than anyone else out there right now, besides maybe Evident throughout entries such as radiohead.’ Wired Magazine’s Listening Post (http:// blog.wired.com/music/2008/05/nine- Emphasising the importance of tour inch-nails.html) announcing the release promotion and the smartness of this on 5 May 2008, reactions from the fans strategy in ensuring ongoing revenue continue to be strongly positive: streams, RandomCake responds:

‘Reznor is the man!!!!! I swear ‘@the constant skeptic, Well, I am going to buy his next (for I’m not sure Trent really sale) studio album just b/c he cares about every day record 34 is so f#$%ng cool’ sales these days, these free Glenn downloads really help with tour sales, and tours are a lot ‘And it’s another epic victory more profitable than CD sales, for Reznor. Three albums in then there are the limited practically a year, and all of edition items such as vinyl them absolutely stellar. The and numbered CDs which man knows music, plain and really help to rake it in (Ghosts simple. I’ll be picking up a vinyl had an ‘Ultra Limited Edition copy come July.’ Package’ at $300, and there McTool were 2,500 of them so that’s $750,000 made there!) Then In response to these statements of fan there are other options, so fealty, ‘the constant skeptic’ notes: without selling huge quantities there is large profit, and by giving away large quantities he Noti!cation of the CC licence on Ghosts I-IV gains mass appeal! Win win all round!’

In the week following this release, NIN led Amazon.com’s MP3 chart, with Radiohead coming in at number 5 (http://blog.wired.com/music/2008/03/ nine-inch-nai-1.html). As Wired’s Eliot Van Buskirk muses: ‘There’s a lesson for the labels in there somewhere.’

New Ways of Doing Music Business creative commons case studies Pocketclock Records description: Pocketclock Records are an independent music label based in Melbourne, Australia, focusing on experimental pop. website: www.pocketclock.org licence used: Creative Commons BY-SA 2.1 Australia, http://creativecommons.org/licenses/by- sa/2.1/au media: Music location: Melbourne, Australia

breakbeats, tiny Overview melodic cut- ups and anemic Pocketclock Music is a small, blastbeats.’ Image: independent record label based in Poland (www. Talkshow Boy Melbourne, Australia. Established in myspace.com/ 2003 to represent the ‘sound of young lazyholland) plays Melbourne,’ Pocketclock’s focus is 35 distinctly experimental pop. Each primitive DSP pop music with ‘loops as featured musician offers free downloads long as your arm’ (http://pocketclock. on the site under the Creative Commons org/artists.html). Informed by the Attribution-Share Alike 2.1 Australia folk and pop traditions, Poland takes licence, alongside the occasional her influences from outsider music, promotional video. Pocketclock also house, abstract jazz, video games, provides artists with a mobile recording and storytelling, amongst other places. facility to ‘convert your sound to golden Poland’s self-titled EP (http://pocketclock. impulses’ (http://pocketclock.org/studio. org/releases/cl005.html) consists of html), and has supported several four tracks, culminating in ‘Random local mastering/editing and production Pop,’ which featured on Brothersister’s projects. (www.brothersisterrecords.org) international experimental pop Talkshow Boy (TSB, also known as compilation titled A fifty gallon drum of Adrian K-Sahara) is a 22 year-old savage customs fresh flesh and random musician who hails from Melbourne. pop (www.brothersisterrecords.org/ In his own words, ‘He plays intense brothersisterrecords/comp.html). and complicated electronic new pop Also featuring on the Brothersister songs about love, being tuff, and release with the title track ‘Fifty gallon how people act towards one another’ drum,’ Pompey (www.myspace.com/ (http://pocketclock.org/artists.html). pompeycasmilus) pitches himself as a In November 2007, TSB released a ‘young man making noisy, polyrhythmic new record TESTOSTERONE (http:// pop and sounds, steeped in arch pocketclock.org/releases/cl007.html). sentimentality and linked in ways to Over 19 tracks, TSB ‘pushes the environmental sounds, girl groups, romantic, aesthetic and political agendas primitive music, studio - as-instrument, to the sounds of cute majorchordal etc.’

Creative Commons & Sound building an australasian commons

Pocketclock Licence Usage It's a bit too big and weird, huge currently represents sample clearance fees, hazy infringement rules (what is it, three artists: Pocketclock releases are available for three notes? Two seconds? I Talkshow Boy (TBS) download under the Creative Commons (www.pocketlock. don’t understand). So it makes Attribution-ShareAlike 2.0 Generic org/talkshowboy), licence. Site visitors are able to obtain sense to keep up the license if Poland (www. individual MP3 tracks or a ZIP file of the someone uses it. I’m just quite myspace.com/ grateful for the alternative.’ lazyholland) and entire record for free. Direct donations Pompey (www. to the artists are encouraged through pocketclock.org/ PayPal. pompey). The label Motivations has had previous Choosing to offer Pocketclock releases associations with under a ShareAlike licence, founder Pocketclock founder Rowan Mcnaught Lakes, Oh! Belgium Rowan Mcnaught was inspired by first found Creative Commons when he the creation of a ‘sort of paper trail,’ (www.myspace. became unhappy with pretending to be a com/ohbelgium) as he explained in an email interview traditional-style label. and Cine-milky/ with Rachel Cobcroft from Creative Sienmilki. Commons Australia in November 2007: ‘It was thoroughly unrewarding ‘When I find music I like, I tend trying to sell records just to to track backwards into its be able to keep putting new progenitors to find more of it ones out, and it seemed I’d be or work out what it is or what I happier just sharing everything means a bit more. I’d hope that online: by not spending up asking anyone who used any of I could just keep putting out 36 the music to attribute it would music I liked and a few people have a similar effect.’ could find it.’

Rowan reflects that whilst he is unsure of Whilst he admits to not being very outside sampling of Pocketclock music, cluey in relation to traditional legal he is aware that the players on the label code, Rowan reflects that he was really actually take bits and pieces impressed with the Creative Commons from each other’s music to licensing scheme: remix and reuse. ‘We are inevitably for small fry, ‘The ShareAlike limited appeal type music, and component is really of course the Internet caters for, just because I think and even nourishes, that. When CC licenses are such I found Creative Commons, a friendly alternative it reinforced that idea and to the way things allowed us to stop working in usually seem to go. the traditional way: In some ways I think by licensing the music under CC, for me, serves more to say “It’s actually OK to give this to your friends than anything else; I’m not so worried about anyone misusing the music.”

The covers of three Pocketclock releases: (Top to bottom, left to right) Poland's self titled EP, Pompey's Fifty Gallon Drum and Talkshow Boy - Testosterone covers.

New Ways of Doing Music Business creative commons case studies Postmoderncore description: Postmoderncore is a netlabel concerned with releasing underground New Zealand music and other music of interest under local Creative Commons licences. website: http://postmoderncore.com licence used: Creative Commons BY-NC 3.0 New Zealand, http://creativecommons.org/licenses/ by-nc/3.0/nz, Creative Commons BY-NC-ND 3.0 New Zealand, http://creativecommons.org/licenses/by-nc-nd/3.0/nz media: Music and cover art location: New Zealand

of music as a commodity. Overview I decided that the best method for sharing the Postmoderncore is Wellington-based music and accompanying netlabel that, in the words of founder art with its audience was Sam Stephens, ‘cares about music, not to offer free downloads commerce.’ Established as a protest over the Internet. I 37 against the commoditisation of music also wanted to reach a and the idea that a musician needs to wide and international be motivated by profit, Postmoderncore audience.’ believes in giving an audience to music that deserves it, and ensuring that Operating as a self-funded the potential audience of a release initiative, Postmoderncore is not limited by money or production sells CDs of the music constraints. available online, so that the label’s artists and fans According to its web site (http:// can have physical CDs if postmoderncore.com/about.html), they wish to. This is not a Postmoderncore’s philosophy has been money-making exercise, greatly influenced by the Negativland and is intended more for (www.negativland.com) fan collective promotional purposes. Snuggles (www.sensoryresearch.net/ thoughtconduit/news?grid=7). Founding the label five years ago, Sam Stephens Licence Usage expresses his underlying beliefs: Artists on Postmoderncore ‘I came to the conclusion that are offered the ability to copyright was a tool used by license under the Creative corporations to make profits, Commons Attribution- and control artists and their music. …Postmoderncore The covers of three Postmoderncore is the flip side of my protest releases: (Top to bottom) Tangent's against copyright and the idea A Pictorial History and The Unknown Rockstar's Fake Ivory and Deep Earplug Music. Images: Covers of Tangent’s A Pictorial History, BY-NC CC 3.0 NZ and The Unknown Rockstar’s Fake Ivory and Deep Earplug Music, 2.5 BY CC Generic

Creative Commons & Sound building an australasian commons

Noncommercial- Creative Commons bringing No Derivatives these principles to music and ‘Creative 3.0 New Zealand the arts, I was very excited as or the Attribution- I already was releasing on the Commons Noncommercial 3.0 New Internet, and thought these Zealand licence. Being licenses had great potential, licenses allow happy with the licences and expressed ideas I already so far, Postmoderncore had about creativity as a gift, will continue to your music rather than something to be release under Creative owned and hoarded.’ to spread Commons. furthest.‘ The Creative Commons According to Sam, Creative Commons licences selected licences provide the advantage of allowing for distribution of music by Sam Stephens, Postmoderncore depend upon the wishes of the artists. fans, removing centralised distribution According to founder and associated costs and annoyances: Sam Stephens, some ‘They express the freedom and sharing of the label’s musicians are happy to I want from creativity.’ have derived works produced from their music, and some are not, so they end As someone who is encouraging others up using the according licence. Sam to release under Creative Commons intentionally uses the New Zealand licences, Sam is careful to ensure that licenses to express Postmoderncore’s artists releasing on Postmoderncore 38 ties to New Zealand, and to support the CC Aoteoroa New Zealand (CCANZ) understand the full implications of doing initiative. so. In particular, Sam emphasises that artists need to understand that they can After reading of the commercial use never revoke the CC licence, and once of CC-licensed images on billboards they’ve released the album, it’ll always by Virgin Australia (such as www. be available for free, even if suddenly asiancanadian.net/2007/10/photo- they get commercial interest. of-teenager-appears-on-australian. html), Sam explicitly chooses non- ‘It means that my artists need commercial licences, so that further use of Postmoderncore material can to not be particularly profit- be vetted by the artist(s) involved. In motivated, and/or that they Sam’s understanding, ‘This doesn’t need to have the confidence stop commercial use of the music; it to know that if they get simply requires explicit permission to be commercial interest, they can Postmoderncore hosts granted. I think it’s good to maintain this create a new work that is as a number of websites level of control.’ strong as the one they just for other independent released. My feeling is that for arts projects in New an undiscovered artist who Zealand including does dream of “making it” one an online store called Motivations Dadashopping (http:// day, the best thing they can dadashopping.net) As founder of this netlabel, Sam look for in the meantime isn’t which sells releases Stephens first heard about Open profit, but exposure. Creative from the netlabel as Content Licensing through the open Commons licenses allow your well as a number of source software movement. music to spread furthest.’ other independent ‘When I learned about the musicians from around the country.

New Ways of Doing Music Business creative commons case studies Topology description: Topology is an internationally acclaimed Brisbane-based new music ensemble. website: www.topologymusic.com licence used: Creative Commons BY-NC-SA 2.5 Australia, http://creativecommons.org/licenses/by- nc-sa/2.5/au media: Music location: Brisbane, Australia

Overview recognised as Australia’s popera diva). Topology’s performances include the opening concert of the Sydney Established in 1997, Brisbane’s avant- Spring Festival, where they received garde music ensemble Topology has the Best Ensemble Award in 1999, gained an international reputation as an experimental Fluxus festival at the artists devoted to the experimental form. Queensland Art Gallery, Neil Armfield’s 39 Self-described as ‘nothing if not flexible,’ vision of The Marriage of Figaro at the Topology performs in a multitude of Sydney Olympics Art Festival, and the venues from art galleries through to Surabaya Arts Festival in 2007 (see opera houses, accompanying silent films www.topologymusic.com/index.php/ and playing pop concerts in 10,000- category/concerts). Billed by Australian seat stadia. Regularly recording for the Music Online (www.amo.org.au) as ‘neo- Australian Broadcasting Corporation classic contemporary music explorers,’ (ABC), these contemporary musicians collaborate with new music’s Topology – (From Left to Right) Kylie Davidson, Bernard Hoey, Christa Powell, Robert Davidson, John Babbage leading lights, such as Terry Riley, John Adams, Phillip Glass, Michael Nyman, and Steve Reich, as well as popular musicians including Tyrone Noonan (from the award- winning band ‘george’) and Kate Miller- Heidke (widely Image: “Topology with black background” by Chris Osborne. Used with permission. www.flickr.com/photos/55195133@N00/1489109097

Creative Commons & Sound building an australasian commons

Topology is Robert Davidson on available on their site. The composers double bass, Bernard Hoey on viola, also distribute free sheet music (www. Christa Powell on violin, Kylie Davidson topologymusic.com/index.php/category/ on piano, and John Babbage on scores). saxophone. Compositions by Robert Davidson Motivations include Convex and Concave, a ‘contrapuntal miniature’ inspired by Robert Davidson discussed his the drawings of M.C. Escher, the motivations to provide a selection of Karak concerto, a percussive piece his scores and recordings to the public with Rachel Cobcroft in February 2008.

‘I can’t see that we can ‘The open framework suits Topology as the sales of move forward in creative albums is not as valuable to us as the promotion of our profile. There does work with copyright seem to have been a causal link between using open staying as it is.’ approaches (to MP3s and sheet music PDFs on the web) Robert Davidson, Topology and our profile being raised, though it’s hard to be certain 40 about this. In my own case, there has definitely been an using bowed vibraphone, and Big increase in my revenue from Decisions, a documentary opera which international performances of contemplates the dismissal of Gough my music as I have bypassed publishers and given away Whitlam in 1975. Saxophonist John free scores.’ Babbage was inspired to compose one of his many pieces Chop Chop whilst in Inspired by contact with the members Santiago, Chile, exploring the harmony and syncopation of Gerard Brophy and of Negativland (www.negativland.com) Olivier Messiaen (for program notes in San Francisco, and subsequently for these compositions see www. by reading the writings of Lawrence topologymusic.com/index.php/category/ Lessig, there has been a philosophical compositions). attraction to free culture for Davidson also.

‘I can’t see that we can move Licence Usage forward in creative work with copyright staying as it is. I Topology has placed their album want to make music using all Perpetual Motion Machine on Jamendo sorts of quotes and allusions, (www.jamendo.com/en/album/4148) but find it prohibitive to be under the genre ‘contemporary always needing to pay $20- classical’ and the Creative Commons $120 per second of footage BY-NC-SA 2.5 licence. Individual (I signed a contract today to tracks (www.topologymusic.com/index. pay those amounts to use php/downloads) and excerpts (www. excepts). There have to be topologymusic.com/loudblog) are other ways.’

New Ways of Doing Music Business creative commons case studies Yunyu description: Yunyu is a successful, unsigned singer/songwriter in Sydney, Australia, who uses Creative Commons licences for promotional purposes. website: www.yunyu.com.au licence used: Creative Commons BY-NC-SA 2.0, http://creativecommons.org/licenses/by-nc-sa/2.0 media: Audio location: Sydney, Australia

As with a number of independent bands, Overview Yunyu uses the services of a company called Usync (www.usync.net). The Yunyu (www.yunyu.com.au) is an service provides a ‘backstage pass’ to understated, self-proclaimed member paying fans, who can then get access of the emerging (and in many cases to exclusive content in the ‘backstage’ emerged) generation of bedroom-based area of the Usync website. The service artists who may not, without the Internet, essentially brings ticket sales, music 41 have ever seen the cold light of day. She sales, news announcements and other is a classically-trained musician, though components of a music business model she admits to having been bored by the into the one location or interface. restrictions of that genre. Yunyu first saw success before ever having played a live Popular online radio Yunyu gig (www.yunyu.com.au/home/bio), via station Last.fm (www.last. the new talent competition Unearthed fm), relying on automated (www.triplejunearthed.com), operated peer-recommendation, also by Triple J Radio (www.abc.net.au/ assists in the proliferation triplej).Following her ‘unearthing’ Yunyu of Yunyu’s music, together received radio airplay all over the globe, with social networking including some chart domination on platforms like MySpace Canadian college radio. (www.myspace.com) and Facebook (www.facebook. Yunyu uses the services of several com). online businesses to sell and share her music. For both physical and digital distribution, Yunyu’s business model utilises a number of different music platforms. She has CDs and MP3s available for purchase from US independent distributor, CD Baby (www. cdbaby.com). CDs are also available from the Australian independent store Earshot Music (www.earshotmusic.com. au), while paid digital downloads are available from iTunes (www.itunes.com/ store). Yunyu also offers fans the option of buying CDs directly from her. Images: stills from Yunyu’s video clip to “Lenore’s Song.”

Creative Commons & Sound building an australasian commons

work featuring in six different student Licence Usage films, including productions from as far as Belgium and The Netherlands, Yunyu uses a Creative Commons in addition to multiple placements in Attribution-Noncommercial-Share Alike podcasts, such as that of the ‘Coolshite 2.0 licence for promotional purposes. Crew’ (www.coolshite.net) and her lyrics Two of her songs, A Prayer and Lenore’s being used to teach English to Japanese Song, are available under this licence people. A fan-made video to her song as streaming music videos (www.yunyu. Dance so Slowly is the icing on the com.au/home/music#videos). Whilst her cake (www.youtube.com/watch?v=jC- site does not include any downloadable XkHfSIBc). tracks, Yunyu specifies on her webpage that, though only two of her songs are actually officially under Creative Commons licences, she is happy for Motivations any of her work to be used in certain circumstances without payment but with Yunyu’s experience using the Internet attribution (www.yunyu.com.au/home/ as a distribution and promotional creative-commons). She acknowledges platform makes her use of Creative social projects and amateur productions Commons licences a logical step. While as acceptable forms of use, and adds the benefits of Creative Commons that if someone has paid for a copy licences are obvious from the above of her work, what they then do with discussion, Yunyu cites difficulties with the work (including file-sharing using Creative Commons licensing as far services such as P2P) is up to them. as other artists or content producers understanding the licences: 42 Though unable to provide any accurate statistics on the effects Creative ‘There is, when I speak to Commons licensing has had on her some creators, a certain success, Yunyu cites the availability of misconception that Creative Lenore’s Song as having been a big Commons equals public help in increasing her profile. The song domain which is not true. So is licensed under Creative Commons, as there is a general perception discussed above, and its accompanying that they have lost some music video has seen over 85,000 income due to putting their hits on YouTube (www.youtube.com/ work under Creative Commons watch?v=EzSstcvLmYM). James Milsom licenses but I beg to differ from Creative Commons Australia because I think I have benefited interviewed Yunyu on 20 April 2008, from the spread of my work where she stated that: through this channel.’

‘The ease that I have allowed When interviewed in April 2008, Yunyu the use of my music for was in the middle of an international podcasters, bloggers and the tour, and though in some way this like could only have helped me sort of success can be attributed to make my living as a musician.’ Creative Commons licences, (as with all CC artists) she sees the real effects Yunyu has been pleased with the of CC as being difficult to determine. benefits of Open Content Licensing In advising others in the use of Open generally, saying that, ‘It allows Content Licensing, she provides a podcasters/ indie movie makers/ poor couple of caveats: ‘I think the deal is film students/ poor artists etc. to use to choose very carefully what licences and share my music easily and without suit you because there are limitations hassle.’ This ease of (re)use has proven to changes and Creative Commons is extremely beneficial for Yunyu, with her generally irrevocable.’

New Ways of Doing Music Business creative commons case studies OpenVoice Free PBX description: OpenVoice Free is a free-for-download voice-prompting service specialising in supplying Australian voice prompts for the Asterisk open-source PBX telephone system and other compatible IVR systems. website: www.openvoice.com.au/free licence used: Creative Commons BY-SA 2.1 Australia, http://creativecommons.org/licenses/by-sa/2.1/au media: Software, Audio location: Australia

Overview This gives the user a functioning basic system containing the most common announcements. OpenVoice Free is OpenVoice (www.openvoice.com.au) not restricted to the Asterisk platform is a small business based in Australia, and can also be used for other IVR specialising in providing voice prompting applications. For more demanding services for the Asterisk Open Source IVR systems and customised prompt 43 PBX system (www.asterisk.org) and packages, OpenVoice have a range of other compatible telephone voice- services available for purchase. prompt systems. Such applications are commonly used by businesses and By using Creative Commons licences, organisations to manage telephone OpenVoice have made a non- switchboards and improve business commercial contribution to the Asterisk communications. As part of its services community and has secured a method offered for commercial sale, OpenVoice for legally distributing a demo of their has created OpenVoice Free, a set of services that promotes their more Australian voice prompts which are extensive selection of commercially- available free of charge under a Creative licensed media. Commons Attribution-ShareAlike 2.0 Australia licence.

OpenVoice Free is a comprehensive Licence Usage set of voice files that businesses and organisations can download for use OpenVoice Free is licensed under a and distribute free of charge in both Creative Commons BY-SA 2.1 Australia commercial and non-commercial licence. This permits commercial uses environments. The voice files feature of the media, ensures OpenVoice is an Australian voiceover artist, providing attributed and that any derivative works an Australian and sometimes humorous are licensed in the same way. Initially touch to what are often American-voiced OpenVoice considered GFDL licensing IVR systems. The package contains for OpenVoice Free, but found that a complete set of Australian voicemail Creative Commons licences were a prompts, wake-up calls and prompts more user-friendly alternative due to for base Asterisk IVR functionality. their plain English deed and minimal

Creative Commons & Sound building an australasian commons

OpenVoice chose the Creative Commons Attribution-ShareAlike licence ‘The licences are also because: simple to understand, ß ‘The licence permits commercial use of the media. and don’t require a This is important as our media is intended for a primarily lawyer to decode.’ commercial application and we would like [to give] Ben Buxton, OpenVoice businesses the ability to use our free versions of the media. ß Attribution is required, as part of the reason for offering the accompanying licence documentation. media is as a demo for our Also, unlike GFDL, Creative Commons more extensive commercially licences are not format specific. This licensed media. We’d like accorded with OpenVoice’s goal of those who spread the media making OpenVoice Free available with around to give a pointer back maximum ease and exposure. to us. ß ShareAlike so that derivatives OpenVoice report that their CC-licensed of the media retain the media is downloaded at a rate of 50x commercial use guideline, and that of the commercial versions on offer, the attribution back to us.’ 44 and have found that customers who used OpenVoice Free were impressed OpenVoice Free is a good example of enough with the service to go on to how a company can license their media purchase OpenVoice’s commercially with Creative Commons to generate available media. business and commercial gain, while offering a free version for those without the budget for commercial applications. Motivations According to Ben’s philosophy, ‘We’d rather people access a free version than As a fan of free software and media not at all, as it benefits them, and we are licences, OpenVoice’s Ben Buxton was proud to offer an Australian option to a impressed with the range of licences primarily American software package.’ offered by Creative Commons. In an email interview with Emma Carroll from Creative Commons Australia in April 2008, Ben offered the following rationale for adopting CC:

‘We use CC licences because they provide a range of licensing options that suit most copyright holders who would like to allow relatively free distribution of their media. The licences are also simple to understand, and don’t require a lawyer to decode.’

New Ways of Doing Music Business