Broadcasting Audio Without Permission

 Q: If a programmer were to air an hour of audio from a video online without permission and/or attribution, what would be the risks to the station?  Could it affect our licence?

A: Copyright infringement is not a regulatory issue, so it would not affect your broadcasting licence.  The risks to the station would be that the copyright holder could sue the station for copyright infringement, and could be entitled to monetary damages.  The quantification of damages would depend on the type of material, who holds the copyright, and the impact of the infringement.  Aside from damages, the cost of defending against such an action would be extremely prohibitive for a non-profit radio station.

Attribution in this context would be insufficient if the station or programmer doesn't also get permission from the copyright holder.  Failing to get permission is a much bigger problem than failing to attribute after permission is granted.

(Answer is by Freya Zaltz, legal advisor to the National Campus and Community Radio Association)