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

Mon May 23 20:57:09 PDT 2016

Broadcast law blog offers up the most publicly- available information
related to broadcasters.  I'd suggest looking into their posts when
legal matters come up.

Here is one related:
http://www.broadcastlawblog.com/2014/02/articles/digital-and-social-media-legal-issues-for-broadcasters-exercise-care-in-using-internet-content-on-your-digital-properties-and-why-fair-use-is-not-always-a-defense/

I'm no attorney, but my understanding of fair use grew considerably when
I finally understood this concept:
"fair use is a defense, not a right"

coupled with the best legal observation ever passed along to me (thank
you Michael Couzens):
"anybody can sue anybody about anything"

good luck!
Jeff

On 5/23/16 7:29 PM, John Grebe via grc wrote:
> 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
>> _______________________________________________
>> grc mailing list
>> grc at maillist.peak.org
>> http://maillist.peak.org/mailman/listinfo/grc
>>
>
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Production Manager, Davis Media Access
Station Director, KDRT-LP

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