[grc] Excellent question, Re: Question about reading articles on air

[John Grebe]

Broadcast journalism (and web news?) lawyers might offer knowledge of this delicate area around 
news, educational use, and fair use. Here are some questions toward shedding light on Musa's 
questions. I'm presenting *part* of two sides.

Has anyone in the broadcast law field developed any guides to this? Presented at GRC or NFCB 
conferences on this? Know of attorneys or others ever involved in a related case? (attorneys related to 
the engineers, perhaps, who've filed full-power and LPFM applications) 

Note well:  distinguish clearly between news reporting and all other commentary about it.
On one side, it seems important (to democracies, public access to info, accountability of the 
powerful) that a wide range of professional reporters are able to make a living by their reporting 
work. (especially print reporters from which 90% of breaking news originates [not the hairdoos on 
TV], their livelihoods at risk for years now, lower on the food chain below editors, publishers) 
Whatever you read, print reporters have dug it out, done interviews to get it, tracked down 
documents to report it, filed FOIA requests to reveal it, and more. That basic reporting alone takes 
time and fair wages. One real investigation may take full time work for months, not days. That 
requires resources and salaries, and the independence from conflicts of interest that a news salary 
provides. This is notably different from activists "reporting" on their own issues, which can be useful 
in addition.

That said, Musa's questions go to the ability of volunteer nonprofit outlets like community radio to 
participate--often with the public, the listeners--in educational discussion, critique, commentary, 
examination and review of news reporting. Here are a few questions that I hope some legally 
knowledgable experts will expand on.

Are you (or the radio show or the station) trying to make money in any way specifically by quoting, 
citing or announcing someone else's published news article? Is anyone on your staff paid?

Is your show or station's mission educational, such as a typical 501(c)(3) nonprofit has? 

Do you always and consistently attribute every article to its author(s) and publication? Would that be 
consistent with educational, commentary, critisicm, academic and scholarship uses? 

Do you record and redistribute (for downloads, for example) the specific "news" stories you quote as 
news? (separate from the larger discussions, interviews or reports you air that may include citations 
and quotes of news stories within them)

Do you in any way sell access to those downloads? Or, do you only broadcast those over the air 
(without advertising income)?

When quoting a published news article on-air, do you quote 10, 20, 50 or 90% of it?

Do you regularly quote all the news from specific news outlets (publishers)? Or a large variety of 
outlets? All the local news from one paper? All the economic stories from one wire service?

What do any legal minds think of this U.S. law (especially the mention of "news reporting" a few 
lines down) passage from 17 U.S.C. § 107: 

"Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a 
copyrighted work, including such use by reproduction in copies or phonorecords or by any other 
means specified by that section, for purposes such as criticism, comment, news reporting, teaching 
(including multiple copies for classroom use), scholarship, or research, is not an infringement of 
copyright. In determining whether the use made of a work in any particular case is a fair use the 
factors to be considered shall include:

        "the purpose and character of the use, including whether such use is of a commercial nature or 
is for nonprofit educational purposes;
        "the nature of the copyrighted work;
        "the amount and substantiality of the portion used in relation to the copyrighted work as a 
whole; and
        "the effect of the use upon the potential market for or value of the copyrighted work."

I hope this spurs more useful discussion. Very best of luck, and all power to you for expanding 
community radio!

Best regards,
John




On 23 May 2016 at 9:13, Musa Zwana via grc wrote:

Date sent:      	Mon, 23 May 2016 09:13:45 -0400
To:             	grc at maillist.peak.org
Subject:        	[grc] Question about reading articles on air
From:           	Musa Zwana via grc <grc at maillist.peak.org>
Send reply to:  	Musa Zwana <musazwana at gmail.com>

> Can someone explain or point me to info about the legalities of
> reading an already published article (say from the local newspaper) on
> air on the community radio station? Wondering if that is one option
> for getting stories for our news show.
> 
> 
> ********************************
> Musa Zwana
> wcaa1073.org
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