2010 07 22


ASCAP:

As an ASCAP member (both as a songwriter and as a publisher), I'm writing to express my serious concerns about the misconceptions demonstrated in ASCAP's recent letter to its members (signed by ASCAP President and Chairman of the Board, Paul Williams), soliciting donations to assist ASCAP's Legislative Fund for the Arts (ALFA) in fighting Creative Commons and other purported threats to the foundations of copyright.

I believe in the principle of a songwriter's copyright, and I believe that successes achieved by a given composition entitle no one to compensation moreso than its songwriter.

I also believe in the idea that a songwriter is entitled to attenuate what permissions he or she chooses to grant concerning use and distribution of their work — exactly what Creative Commons licensing is meant to facilitate — and that the act of doing so does not constitute an attempt to "undermine" the principles of copyright.

I've released music in a variety of contexts, both commercial and non-commercial. The varying release opportunities have naturally involved varying circumstances concerning purpose, intent, usage, delivery, and so forth. Some situations have lent themselves to applying a particular Creative Commons license, some others, and some not at all. Consequently, I apply them where appropriate. It has never been up to anyone other than myself to choose whether to utilize a CC license, or which permissions I elect to grant. It is exactly this voluntary attenuation of copyright and explication of rights holder intent that the Creative Commons licensing system is designed to facilitate. By positioning itself against Creative Commons, ASCAP is essentially positioning itself against autonomous decisionmaking on the part of songwriters and rights holders concerning the use of the works they own and control — decisions which, under even the most conservative interpretations of the notion of copyright, are theirs and theirs alone to make.

The glaring misunderstandings highlighted in the fundraising letter's language concerning the intent and purpose of Creative Commons are not only embarrassing to ASCAP, but, given the letter's context of financial solicitation, are seriously irresponsible; essentially promulgating misinformation as a means of raising capital. Capital which, once raised, would evidently be used against inappropriate and undeserving targets.

I strongly urge Paul Williams, and all other ASCAP policymakers, to familiarize themselves adequately with the intent, purpose, and principles underlying Creative Commons licensing. Further, as an ASCAP member, I strongly urge ASCAP to issue both a public apology and a retraction concerning its misrepresentation of Creative Commons.



Sincerely,

Joshua C. Davis
ASCAP member 1751147




Related Links