11.1 Copyright basics

Copyright forms the backbone of intellectual property law in radio broadcasting. It protects original creative works, granting creators exclusive rights for a limited time while balancing public access to content.

For radio station managers, understanding copyright is crucial. It allows them to legally use and broadcast content while respecting creators' rights, covering everything from music and scripts to sound recordings and computer software.

Definition of copyright

• Copyright forms a crucial part of intellectual property law protecting original creative works in radio and other media
• Understanding copyright basics allows radio station managers to legally use and broadcast content while respecting creators' rights
• Copyright grants creators exclusive rights to their work for a limited time, balancing incentives for creativity with public access

Purpose of copyright protection

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• Incentivizes creation of new works by granting temporary monopoly rights to creators
• Protects authors' economic interests by allowing them to profit from their creative efforts
• Promotes progress of arts and sciences by ensuring creators can benefit from their work
• Allows public access to creative works after copyright expires, enriching cultural commons

Types of works protected

• Literary works (scripts, books, articles)
• Musical compositions and lyrics
• Sound recordings
• Dramatic works (plays, screenplays)
• Audiovisual works (films, TV shows, music videos)
• Photographs and visual artworks
• Computer software and databases

Copyright ownership

• Ownership rights determine who can exploit and profit from copyrighted works used in radio broadcasting
• Understanding ownership helps radio stations properly license content and avoid infringement claims
• Copyright ownership can be complex, especially for works created collaboratively or under employment

Initial ownership rights

• Copyright initially vests with work's author or creator
• Applies automatically as soon as work is fixed in tangible form
• Includes right to reproduce, distribute, perform, display, and create derivatives
• Can be transferred or licensed to others (record labels, publishers)

Work for hire doctrine

• Employer owns copyright when work created within scope of employment
• Applies to works specifically commissioned if agreement signed
• Common in radio industry for employee-created content (jingles, station IDs)
• Affects ownership of content created by radio station staff

Joint authorship

• Occurs when two or more people create work with intent to merge contributions
• Each author has equal rights to exploit entire work
• Requires mutual intent to be co-authors at time of creation
• Can complicate licensing for collaboratively created radio content

Duration of copyright

• Copyright duration affects when works enter public domain and can be freely used by radio stations
• Understanding terms helps stations determine when licenses are needed for older works
• Duration has been extended several times, impacting availability of historical content

Current copyright terms

• Life of author plus 70 years for individually authored works
• 95 years from publication or 120 years from creation for works for hire
• 95 years from publication for works published before 1978
• Terms vary internationally, complicating global radio broadcasting rights

Public domain works

• No longer protected by copyright, free for anyone to use
• Includes works with expired copyright terms
• U.S. works published before 1927 currently in public domain
• Government works generally not copyrightable, enter public domain immediately

Exclusive rights of copyright holders

• Copyright grants bundle of exclusive rights to creators or rights holders
• Understanding these rights crucial for radio stations to avoid infringement
• Rights can be licensed individually or collectively to radio broadcasters

Right of reproduction

• Allows copyright owner to make copies of work
• Includes digital reproduction and storage of audio files
• Relevant for radio stations creating playlists or archiving broadcasts
• Mechanical licenses required for reproducing musical compositions

Right of distribution

• Controls sale, rental, lease, or lending of copies of work
• Applies to physical media (CDs) and digital distribution
• Impacts radio stations offering on-demand streaming or downloads
• First sale doctrine limits this right after initial sale of copy

Right of public performance

• Covers live performances and transmissions of copyrighted works
• Crucial for radio broadcasting of music and other content
• Requires licenses from performance rights organizations (ASCAP, BMI)
• Separate licenses needed for musical compositions and sound recordings

Copyright limitations

• Limitations and exceptions balance copyright protection with public interest
• Allow certain uses of copyrighted works without permission
• Critical for radio stations to understand to determine when licenses not required

Fair use doctrine

• Permits limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, teaching, scholarship, or research
• Factors considered include purpose of use, nature of work, amount used, and effect on market
• May allow radio stations to use short clips in news reports or commentary
• Highly fact-specific, can be risky to rely on without legal advice

First sale doctrine

• Limits copyright holder's control after first sale of physical copy
• Allows resale, lending, or giving away of legally purchased copies
• Does not apply to digital files or streaming services
• Relevant for radio stations with physical music libraries

Compulsory licenses

• Statutory licenses allowing use of copyrighted works under set terms
• Include mechanical licenses for cover songs and certain digital transmissions
• Webcasting compulsory license covers non-interactive digital audio transmissions
• Simplifies licensing process for certain radio uses of music

Copyright registration

• While copyright exists automatically, registration provides important benefits
• Understanding registration process helps radio stations protect their original content
• Registration status affects ability to enforce rights and recover damages

Benefits of registration

• Establishes public record of copyright claim
• Required before filing infringement lawsuit in U.S.
• Allows recovery of statutory damages and attorney's fees
• Creates legal presumption of validity if registered within five years of publication
• Enables customs registration to prevent importation of infringing copies

Registration process

• File application with U.S. Copyright Office
• Submit copies of work (called "deposit copies")
• Pay required fee (varies based on type of registration)
• Can be done online through electronic Copyright Office (eCO) system
• Examination process to ensure work is copyrightable and application complete

Copyright infringement

• Occurs when someone violates exclusive rights of copyright holder
• Radio stations must be vigilant to avoid both committing and enabling infringement
• Understanding infringement types helps stations implement proper safeguards

Direct vs indirect infringement

• Direct infringement involves actually copying, distributing, or performing work without permission
• Indirect infringement includes contributory (knowingly inducing or materially contributing to infringement) and vicarious (profiting from infringement while having right and ability to stop it)
• Radio stations could face indirect infringement claims for user-generated content on websites or apps

Damages for infringement

• Actual damages based on losses suffered by copyright owner
• Statutory damages range from $750 to$30,000 per work (up to $150,000 for willful infringement)
• Injunctive relief to stop infringing activity
• Potential criminal penalties for willful infringement on commercial scale
• Attorney's fees may be awarded to prevailing party

Digital copyright issues

• Digital technologies create new challenges for copyright enforcement and licensing
• Radio stations increasingly involved in digital transmission and online content delivery
• Understanding digital copyright laws crucial for compliance in modern broadcasting landscape

DMCA provisions

• Safe harbor protections for online service providers who follow notice-and-takedown procedures
• Anti-circumvention rules prohibiting bypassing of technological protection measures
• Covers webcasting and online radio streaming services
• Requires implementation of policies to terminate repeat infringers

Online service provider liability

• Limited liability for copyright infringement by users if service provider meets certain conditions
• Must designate agent to receive takedown notices
• Respond expeditiously to remove alleged infringing material
• Implement repeat infringer policy
• Affects radio stations offering user-generated content platforms or forums

Copyright in radio broadcasting

• Radio broadcasting involves multiple layers of copyright protection
• Understanding rights clearance for various content types essential for legal operation
• Licensing requirements differ for terrestrial, satellite, and internet radio

Music licensing for radio

• Blanket licenses from performance rights organizations (PROs) cover public performance of musical compositions
• Separate licenses required for sound recordings in digital transmissions
• Mechanical licenses needed for reproduction of musical works (on-demand streaming, downloads)
• Direct licensing becoming more common for large radio groups

Sound recording rights

• No public performance right for sound recordings in non-digital transmissions (traditional radio)
• Digital performance right applies to satellite radio, webcasting, and other digital audio transmissions
• Statutory license available for certain non-interactive digital transmissions
• Controlled by record labels or artists, separate from composition rights

Syndicated content copyright

• Syndicated programs often involve multiple layers of copyright
• May include underlying literary work, performances, music, sound recordings
• Typically licensed through syndication agreements specifying permitted uses
• Can include limitations on rebroadcasts, streaming, or archiving

International copyright considerations

• Copyright laws vary by country, complicating global radio broadcasting
• International treaties provide some harmonization and minimum standards
• Understanding international copyright crucial for stations broadcasting across borders

Berne Convention

• Foundational international copyright treaty with 179 member countries
• Establishes principle of national treatment (treating foreign works same as domestic)
• Sets minimum copyright term of life plus 50 years
• Prohibits formalities (registration, notice) as condition of copyright protection
• Impacts how radio stations handle foreign works in their broadcasts

WIPO treaties

• World Intellectual Property Organization Copyright Treaty (WCT) and Performances and Phonograms Treaty (WPPT)
• Address digital technologies and internet-related copyright issues
• Require legal protection against circumvention of technological measures
• Establish rights management information systems
• Affect online radio streaming and digital rights management

Copyright clearance for radio

• Obtaining proper licenses and clearances essential for legal radio broadcasting
• Process can be complex due to multiple rights holders and types of use
• Failure to clear rights can lead to infringement claims and damages

Obtaining music licenses

• Negotiate blanket licenses with performance rights organizations (ASCAP, BMI, SESAC)
• Secure statutory license for digital audio transmissions through SoundExchange
• Obtain mechanical licenses for on-demand streaming or downloads
• Consider direct licensing agreements with major publishers or labels
• Implement systems to track and report usage for royalty payments

Clearing copyrighted material

• Identify all potentially copyrighted elements in broadcasts (music, scripts, sound effects)
• Determine copyright status and current rights holders
• Secure necessary permissions or licenses for each use
• Maintain records of all clearances and licenses obtained
• Implement content management system to ensure compliance

Future of copyright

• Rapidly evolving digital landscape continues to challenge traditional copyright frameworks
• Radio industry must adapt to changing technologies and consumer behaviors
• Ongoing debates about copyright reform could significantly impact broadcasting rights

Emerging technologies impact

• Artificial intelligence creating new questions about authorship and ownership
• Blockchain and smart contracts potentially revolutionizing rights management and licensing
• Virtual and augmented reality blurring lines between performance and reproduction
• Internet of Things devices raising issues of incidental copying and performance

Copyright reform debates

• Proposals to modernize copyright law for digital age
• Discussions around expanding or limiting fair use doctrine
• Debates over length of copyright terms and public domain access
• Potential creation of small claims process for copyright disputes
• Efforts to streamline music licensing process for digital services