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Fair Use in a Talk Show
There were some great answers to my last question about ads on radio,
so I figured I would throw out another question and hope for the same :) I'd like to create an audio talk show on the internet. Can I use any audio from other talk shows, from news shows, and so on? Can I read directly from web pages since they are publicly available? Not that I would only rip stuff off, but say I wanted to play a clip of something on someone else's show, or from the news, and then comment on it. Does everything basically need permission? And would that mean paying royalties, which I'm not going to do? Just a basic FAQ on this sort of thing would be great. I've searched for a while and all I seem to find is "fair use" on downloading mp3s (don't care) and on using published works in university classrooms (which isn't a public thing like a talk show). Any information you could give would be appreciated. Thanks! OIE |
OIE ) writes:
There were some great answers to my last question about ads on radio, so I figured I would throw out another question and hope for the same :) I'd like to create an audio talk show on the internet. Can I use any audio from other talk shows, from news shows, and so on? Can I read directly from web pages since they are publicly available? Not that I would only rip stuff off, but say I wanted to play a clip of something on someone else's show, or from the news, and then comment on it. Does everything basically need permission? And would that mean paying royalties, which I'm not going to do? Just a basic FAQ on this sort of thing would be great. I've searched for a while and all I seem to find is "fair use" on downloading mp3s (don't care) and on using published works in university classrooms (which isn't a public thing like a talk show). Any information you could give would be appreciated. Thanks! OIE Playing actualities from someone else's copyrighted show is not a good idea legally. You can discuss what was said, quote it in context even, but I certainly wouldn't be playing a tape of it. On one hand, the chance of someone other than your close circle of friends ever hearing an Internet talk show is slim, so the chance of some representative of the show you want to use hearing it are equally slim. But slim is not none, and weasels and lawyers are constantly looking for someone to sue so they can continue to get their BMW's detailed weekly. BTW, the best commentary comes from passionate personal beliefs, not critisim of what someone else said or did elsewhere. That's just critisism and that's pretty boring to listen to. -- Craig Jackman - Audio Production and Sound Design Multi-award winning Creative Production, Station Imaging, Comedy, Voices "Pride is the attitude that separates excellence from mediocrity!" Ottawa, Ontario, Canada |
I believe the three-hour Power Hour...
http://www.thepowerhour.com/ ....allows rebroadcast, even encourages it. I think it's on a barter system. You leave in their ads. Other similar shortwave/Internet/satellite broadcasters may do the same. Best wishes, Bill in SE Texas |
Playing actualities from someone else's copyrighted show is not a good
idea legally. You can discuss what was said, quote it in context even, but I certainly wouldn't be playing a tape of it. On one hand, the chance of someone other than your close circle of friends ever hearing an Internet talk show is slim, so the chance of some representative of the show you want to use hearing it are equally slim. But slim is not none, and weasels and lawyers are constantly looking for someone to sue so they can continue to get their BMW's detailed weekly. BTW, the best commentary comes from passionate personal beliefs, not critisim of what someone else said or did elsewhere. That's just critisism and that's pretty boring to listen to. Actually, I meant more along the lines of news. Is it even illegal to replay short clips? Probably so, just making sure. |
On 12 Jun 2004 05:34:43 GMT, OIE wrote:
Playing actualities from someone else's copyrighted show is not a good idea legally. You can discuss what was said, quote it in context even, but I certainly wouldn't be playing a tape of it. On one hand, the chance of someone other than your close circle of friends ever hearing an Internet talk show is slim, so the chance of some representative of the show you want to use hearing it are equally slim. But slim is not none, and weasels and lawyers are constantly looking for someone to sue so they can continue to get their BMW's detailed weekly. BTW, the best commentary comes from passionate personal beliefs, not critisim of what someone else said or did elsewhere. That's just critisism and that's pretty boring to listen to. Actually, I meant more along the lines of news. Is it even illegal to replay short clips? Probably so, just making sure. Yup. Unless you get permission first. (And pay for the actuality.. probably only a few hundred per...) |
Actually, I meant more along the lines of news. Is it even illegal to
replay short clips? Probably so, just making sure. Radio stations pay networks with commercial inventory to use those actualities.Lots of inventory. I don't believe you'll find there's any "fair use" application in a one minute news clip that's been edited by the network and paid for by the stations. Under no circumstances, short of getting permission, can you use the voice of any network personality unless you want to pay them a hefty fee. You're in very dangerous water. Rich |
On 13 Jun 2004 17:40:03 GMT, Rich Wood
wrote: Actually, I meant more along the lines of news. Is it even illegal to replay short clips? Probably so, just making sure. Radio stations pay networks with commercial inventory to use those actualities.Lots of inventory. I don't believe you'll find there's any "fair use" application in a one minute news clip that's been edited by the network and paid for by the stations. Under no circumstances, short of getting permission, can you use the voice of any network personality unless you want to pay them a hefty fee. You're in very dangerous water. Rich Just thought of something else. What about rebroadcasting politicians? I know you can use the words of politicians freely, but do you have to record their words yourself? |
I forgot to respond that anything "published" in any medium is automatically
copyrighted by the author, unless otherwise noted. Often those who post articles on Web sites will okay their use in full, as long as the authors and the sources are given full credit when and where they are used. Bill in SE Texas |
"OIE" wrote in message ... On 13 Jun 2004 17:40:03 GMT, Rich Wood wrote: Actually, I meant more along the lines of news. Is it even illegal to replay short clips? Probably so, just making sure. Radio stations pay networks with commercial inventory to use those actualities.Lots of inventory. I don't believe you'll find there's any "fair use" application in a one minute news clip that's been edited by the network and paid for by the stations. Under no circumstances, short of getting permission, can you use the voice of any network personality unless you want to pay them a hefty fee. You're in very dangerous water. Rich Just thought of something else. What about rebroadcasting politicians? I know you can use the words of politicians freely, but do you have to record their words yourself? Drop that thought. No, you don't have to literally record the words yourself. You can have somebody do that for you, but as has been made pretty clear here already, you cannot record the "words" from someone else's radio station and then play them on yours. Sure, the politician was no doubt speaking in a public forum, but the radio station from which _you_ got the audio was the party that some way, some how and for sure paid for that audio. And that station owns that particular rendering of that audio. They paid for it. They sent a reporter to the scene to record it. Or they paid a network in spot inventory to get it. You didn't. There isn't such a thing as free audio for use on the air (unless, of course, you negotiate a price of $0.00 with the party that owns it. You can't just take it from the owner (well, you _can_ but you shouldn't). I think your search for free stuff is going to be futile. Don |
On 17 Jun 2004 03:08:07 GMT, "Don Forsling" wrote:
"OIE" wrote in message ... On 13 Jun 2004 17:40:03 GMT, Rich Wood wrote: Actually, I meant more along the lines of news. Is it even illegal to replay short clips? Probably so, just making sure. Radio stations pay networks with commercial inventory to use those actualities.Lots of inventory. I don't believe you'll find there's any "fair use" application in a one minute news clip that's been edited by the network and paid for by the stations. Under no circumstances, short of getting permission, can you use the voice of any network personality unless you want to pay them a hefty fee. You're in very dangerous water. Rich Just thought of something else. What about rebroadcasting politicians? I know you can use the words of politicians freely, but do you have to record their words yourself? Drop that thought. No, you don't have to literally record the words yourself. You can have somebody do that for you, but as has been made pretty clear here already, you cannot record the "words" from someone else's radio station and then play them on yours. Sure, the politician was no doubt speaking in a public forum, but the radio station from which _you_ got the audio was the party that some way, some how and for sure paid for that audio. And that station owns that particular rendering of that audio. They paid for it. They sent a reporter to the scene to record it. Or they paid a network in spot inventory to get it. You didn't. There isn't such a thing as free audio for use on the air (unless, of course, you negotiate a price of $0.00 with the party that owns it. You can't just take it from the owner (well, you _can_ but you shouldn't). I think your search for free stuff is going to be futile. Don Could you rephrase that, I think it was a little vague. Just kidding! Thanks for the answers; I just wanted to get some answers. As I said, the only thing I could find was fair use in the university classroom. Thanks for the help. |
On 15 Jun 2004 21:49:51 GMT, OIE wrote:
Just thought of something else. What about rebroadcasting politicians? I know you can use the words of politicians freely, but do you have to record their words yourself? More difficult to answer since many political things are done through a pool. CNN, for instance, is the Republican Convention originator. The practical issue is whether or not the feed can be traced to its source and that source objects to it being used by anyone other than those licensed to do so. Where will you get your feed? From a radio station? They also have a say in how their material can be used. Whenever you use material you're not licensed to use you risk heavy duty litigation. Rich |
David Eduardo wrote:
"Scott Dorsey" wrote in message Wait, I thought all US Government productions were available for public use? I believe it was an AFRTS broadcast of a US network program. However, the FCC investigated the off-air-recording aspect, leaving unprotected the copyright violation of the network broadcast. The case is in the FCC historic file, I believe. Searching under George Mayoral, Alfredo Ramirez de Arellano and WKYN will find it. Indeed, and I just looked it up. I am not sure the off-air-recording issue can be considered current any longer, though I can't find anything later about it. --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." |
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