10.3 Copyright and Intellectual Property in Journalism
3 min read•july 23, 2024
Copyright law protects creators' original works, granting them control over reproduction and distribution. Journalists must navigate these rules, obtaining permission or relying on when using copyrighted material in their reporting.
Fair use allows limited use of copyrighted content without permission, based on factors like purpose and impact on the market. News reporting often qualifies as fair use, but journalists should be cautious and attribute sources properly.
Copyright Law and Journalism
Principles of copyright in journalism
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Copyright law grants exclusive rights to creators for their original works
Protects literary, musical, dramatic, and artistic works (books, articles, photographs, videos)
Safeguards the expression of ideas, not the ideas themselves
Copyright owners control the reproduction, distribution, and adaptation of their work
Journalists must obtain permission or a license to use copyrighted material, unless fair use applies
Copyright protection is automatic upon creation of the work, although registration provides additional benefits
Duration of copyright varies by country and type of work
In the U.S., copyright generally lasts for the life of the author plus 70 years (Mickey Mouse, Star Wars)
Fair use for news reporting
Fair use is a legal doctrine that allows limited use of copyrighted material without permission
Four factors are considered in determining fair use:
Purpose and character of the use (nonprofit, educational, transformative)
Nature of the copyrighted work (factual vs. creative)
Amount and substantiality of the portion used
Effect of the use upon the potential market for the original work
News reporting and commentary often qualify as fair use due to their informative and transformative nature
Brief quotations, excerpts, and thumbnails are more likely to be considered fair use than full reproductions (short video clips, pull quotes)
to the original source is important, even in cases of fair use
Intellectual Property Issues in Journalism
Copyright issues in journalistic work
Using images, videos, or other content found online without permission
Verify the source and status of the content (Creative Commons, stock photo sites)
Obtain necessary permissions or rely on fair use when appropriate
Incorporating music or video clips in multimedia journalism pieces
Secure synchronization and master use licenses for commercial use
Use royalty-free or properly licensed music and video libraries (Epidemic Sound, Artlist)
Quoting from books, articles, or other published works
Follow fair use guidelines for brief quotations and excerpts
Obtain permission for more extensive use or when fair use does not apply
Collaborating with freelancers or using user-generated content
Ensure contracts clearly define ownership and usage rights for the content
Obtain releases or permissions from individuals featured in user-generated content (social media posts, viewer-submitted photos)
Digital technologies vs copyright
Ease of copying and sharing digital content has increased potential for copyright infringement
Implement (DRM) tools to control access and usage
Use watermarks, metadata, and other identifiers to track content usage (embedded copyright notices, image steganography)
Social media and user-generated content blur the lines between creators and consumers
Develop clear policies for using and crediting user-generated content
Educate journalists and the public about copyright and fair use in the digital age
Online aggregation and curation of news content raises questions of attribution and fair use
Provide clear attribution and links to original sources
Ensure that aggregated content is transformative and adds value beyond the original (summaries, commentary, analysis)
Globalization of news media complicates copyright enforcement across borders
Understand international copyright treaties and variations in national laws (Berne Convention, TRIPS Agreement)
Work with legal experts to navigate complex international copyright issues