Rules on Reading Copyright Material On Air

Freya Zaltz on the NCRA Board is now a lawyer. Here she answers a question about reading copyright material on air. At the end is the relevant section of the Copyright Act.

Answers to your questions:


1) Can a host read an article word for word on the air as long as it is properly sourced? (name of the author, name of the publication, date of release, etc)

No. Technically you must have permission from the copyright holder. Under the Copyright Act fair dealing section, it's ok to read a short excerpt (with full credit given to the author, publication, date, etc.) for purposes of news reporting, criticism, or review, but not the whole thing. I will paste the relevant provisions of the Broadcasting Act at the bottom of this message. What constitutes a short excerpt is not clear, but I think it means no more than the amount required in order to make the point intended.

2) Can clips from films be used? In a recent review a programmer aired the trailer for an independent documentary over the air as a way to let her audience know about it's upcoming release. I've also heard hosts use clips from documentaries they've found on Youtube to add to a discussion.

Same as above. Short excerpts are arguably ok for the purposes of critical discussion or review, but I'd try to stay away from use of film clips. Our SOCAN licence covers us for use of recorded music, but not for use of any other recorded audio or video material. The Copyright Act does not clearly refer to video clips in its fair dealing provisions, so I think it's a grey area.

3) Can clips from other podcasts or audio feeds be used, as long as it is properly sourced?

Same as above. Short excerpts of audio or written material can be used for purposes of criticism or review provided full credit is given. Longer excerpts would require permission of the copyright holder.

4) Do we have to ask for permission to broadcast any or all of this material in advance?

Yes, if it is being broadcast for reasons other than news reporting, criticism, or review, and if more than a short excerpt is being broadcast. This pertains to all uses of copyrighted materials, so programmers reading literary works (i.e. poems, books) or doing public affairs or special interest programming who are reading written material (i.e. articles) are required to follow the same rules.


5) How do you enforce copyright standards at your stations?

Zero tolerance? It doesn't happen very often, but copyright infringement could leave a station at risk of legal action, so it's in stations' best interests to ensure complaince by programmers.

Freya
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COPYRIGHT ACT R.S.C. 1985, c. C-42
Research or private study
29. Fair dealing for the purpose of research or private study does not infringe copyright.
R.S., 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47, s. 61; 1997, c. 24, s. 18.
Criticism or review
29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.
1997, c. 24, s. 18.
News reporting
29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.

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