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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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May 23, 2005

This Anti-Creative Commons Rhetoric Goes to Eleven

Posted by Ernest Miller

Ubercyberlawprof Larry Lessig takes a dim view of a Billboard article that implies Creative Commons may ultimately kill artists (First We're a "Virus," Now We Kill People with AIDS). The offending article is here: Music Biz Wary of Copyright Sharing Movement:

Andy Fraser hates to think what his fate might have been had Creative Commons existed when he was a young artist.

Fraser entered the business in 1968 at age 15, when he became the bass player/co-songwriter for British rock/blues band Free. Two years later, while in the dressing room after a bad gig, he started bopping around telling his bandmates, "It's all right now." After about 10 minutes a song was born, with co-writer/singer Paul Rodgers contributing lyrics.

"All Right Now," released on Free's third album, "Fire and Water," became one of the most-performed songs in performinbg rights organization Broadcast Music Inc.'s repertoire of about 4.5 million works. The song has been played nearly 3 million times -- the equivalent of repeatedly playing it for more than 28 years.

While Fraser has written more than 150 songs, continuing royalties from radio and TV use of two compositions -- "All Right Now" and "Every Kinda People" (first recorded by Robert Palmer) -- generate most of his income. Had he given up his rights to those early hits, he would not have the resources to cover his treatment for AIDS.

Such a decision might have been tragic. Fraser says he has been kept alive by medication, radiation therapy and experimental medical treatments -- largely paid for with his song royalties.

"No one should let artists give up their rights," he says.

What? They couldn't find the young grandchild of some Tin Pan Alley songwriter who would freeze from exposure without grandpa's royalties?

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