[grc] Storytelling copyright guidelines

Katherine Stathis stathika at gmail.com
Fri Mar 3 12:30:24 PST 2023 

Wow, thanks everyone!

Kate

On Fri, Mar 3, 2023 at 1:55 PM kenya lewis via grc <grc at maillist.peak.org>
wrote:

> Yeah, Spencer!
>
> Big Spinatron fan. Eva contact info is: eva at spinitron.com
>
> > On Mar 3, 2023, at 10:50 AM, Spencer Graves <
> spencer.graves at effectivedefense.org> wrote:
> >
> > Hi, Kate et al.:
> >
> >
> >      I am NOT a lawyer, but been irritated repeatedly by copyright law
> since the 1970s.[1]
> >
> >
> >      Do you use Spinatron or something similar for music?  If yes, can
> you ask them if their service could be used for the narrations of short
> stories that you have in mind?  If yes, then you probably want to use them
> unless you can document a copyright exemption.
> >
> >
> >      With narrating a short story, there could be multiple copyrights
> involved:  (1) the story.  (2) the narrator(s).  (3) the editors.  If the
> story was published before 1923, then it's in the public domain. Otherwise,
> you will need permission from the author of the story.  If the narrator(s)
> and editor(s) work with you, then you want them to sign a copyright
> release.  I recommend the Creative Commons Attribution-ShareAlike (CC
> BY-SA) 4.0 International license: It gives anyone license to do anything as
> long as they cite where they got it ("BY") and use the same license on any
> revisions ("SA").  That's what is most commonly used by Wikipedia and other
> Wikimedia Foundation projects.
> >
> >
> >      If this is not enough, you need to know "fair use" doctrine.  That
> involves four factors:[2]
> >
> >
> >            1.  the purpose and character of the use, including whether
> such use is of a commercial nature or is for nonprofit educational
> purposes: If you are using it for fund raising, this could be a problem.
> If not, you should score well under this factor, because you are a
> 501(c)(3) under the Multi-Use Community Cultural Center (MuCCC) in
> Rochester. However, this is not enough by itself to allow you to use
> copyrighted material.
> >
> >
> >            2.  the nature of the copyrighted work:  Copyright protection
> for music and poetry is probably stronger than for short stories or a
> photograph of a public building in the US. Bottom line:  Copyright
> protection for a short story would likely be fairly strong.  It could
> mitigate allowing you to broadcast a short story without explicit
> permission from the copyright holder for the short story.  If you cannot
> FIND the copyright holder, you would be wise not to use it.  Existing US
> copyright law is a monument to political corruption:  You could lose a suit
> for infringing a copyright, even if you couldn't find the copyright owner
> until after they threatened you with a lawsuit.
> >
> >
> >            3.  the amount and substantiality of the portion used in
> relation to the copyrighted work as a whole:  If you were broadcasting only
> modest portions of a short story for purposes of critical comparison with
> other works, that would be "fair use".  Broadcasting an entire story would
> likely NOT be considered "fair use".
> >
> >
> >            4.  and the effect of the use upon the potential market for
> or value of the copyrighted work:  If your broadcast encouraged other
> people to buy a copy of the work -- or buy other things by the same author
> or from a distributor who owns the copyright -- then you might get credits
> from that towards claiming "fair use".
> >
> >
> >      MY BOTTOM LINE after thinking about this:  You need to be very
> careful with this.  If a service like Spinatron will allow you to log uses
> with them, then you should be fine.  Otherwise, you need to be careful
> about the copyright.
> >
> >
> > Hope this helps.
> > Spencer Graves, PhD
> > Program Associate, 90.1 FM, KKFI.org, Kansas City Community Radio
> > 4550 Warwick Blvd 508
> > Kansas City, MO 64111
> > m:  408-655-4567
> >
> >
> > [1] I have over 30 published technical papers.  For most of those, I was
> required to sign over the copyright "as a work made for hire" to the
> publisher, even though I have never received a penny in copyright royalties
> and would have to pay to get a copy of my own work!  My article on "Do
> copyrights and paywalls on academic journals violate the US Constitution?"
> is scheduled to appear this month in Real-World Economics Review.  A
> prepublication version is available at:
> >
> >
> >
> https://en.wikiversity.org/wiki/Do_copyrights_and_paywalls_on_academic_journals_violate_the_US_Constitution%3F
> >
> >
> > [2]
> >
> >
> > https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors
> >
> >
> > [3] If you
> >
> >
> > https://en.wikipedia.org/wiki/WAYO-LP
> >
> >
> >
> >> On 3/3/23 11:57 AM, kenya lewis via grc wrote:
> >> Nice, Ken. Thanks!
> >> Chat GPT also fictionalizes roughly 5% of the time in my experience so
> far. Including false attributions for quotes and unsubstantiated data. It
> is a decent starting point tho, moreso if your prompt is specific and you
> build on the initial question
> >>>> On Mar 3, 2023, at 9:42 AM, Ken Freedman <ken at wfmu.org> wrote:
> >>>
> >>> 
> >>> While the ChatGPT is accurate on some points, it fails on others.
> >>>
> >>> 1) FCC rules have no say on copyright law.
> >>>
> >>> 2) Also, ChatGPT's answer on Fair Use is simplistic and useless. Fair
> Use is a legal defense only, and is therefore subject to the knowledge and
> whims of each judge who hears a Fair Use case.
> >>>
> >>> -Ken Freedman
> >>>
> >>>> On Fri, Mar 3, 2023 at 12:02 PM kenya lewis via grc <
> grc at maillist.peak.org> wrote:
> >>>> Interesting. I think:
> >>>>
> >>>> You’d need permission or for the material to be in the public domain,
> (published prior to 1923)
> >>>>
> >>>> You may be able to argue it is educational but ethically that is made
> more gray b.c you are using someone else’s work for your station’s benefit
> with none to the content creators
> >>>>
> >>>> I’m doing some tests for work, so here is the answer from Chat GPT:
> >>>>
> >>>> Under FCC rules, non-commercial educational (NCE) broadcast stations
> are generally subject to the same copyright laws as commercial broadcast
> stations. Therefore, reading a published short story on a non-commercial
> broadcast radio station without permission from the copyright holder could
> still be considered a copyright violation.
> >>>>
> >>>> However, there are some exceptions under the law that may apply to
> NCE stations. For example, Section 110 of the Copyright Act allows for
> certain performances and displays of copyrighted works in the context of
> face-to-face teaching activities at non-profit educational institutions.
> Additionally, the fair use doctrine may allow for certain limited use of
> copyrighted material without permission for purposes such as criticism,
> commentary, news reporting, teaching, scholarship, or research.
> >>>>
> >>>> If you are considering reading a published short story on a
> non-commercial broadcast radio station, it's best to consult with legal
> counsel to determine the specific copyright implications and any exceptions
> that may apply.
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>> On Mar 3, 2023, at 7:28 AM, Katherine Stathis via grc <
> grc at maillist.peak.org> wrote:
> >>>>>
> >>>>> Hi! We're seeking clear copyright guidelines surrounding the
> narration of
> >>>>> short stories, and if there are limitations for broadcasting,
> streaming, or
> >>>>> posting archived shows online. We're a bit confused on what's
> allowed and
> >>>>> what's not, and we have a storyteller radio host in suspense. Any
> help is
> >>>>> appreciated!
> >>>>>
> >>>>> Thank you,
> >>>>> Kate
> >>>>>
> >>>>> Kate Stathis
> >>>>> WAYO 104.3FM <https://wayofm.org/>
> >>>>> Rochester, NY
> >>>>> _______________________________________________
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