[cma-l] copyright on the spoken word

[Bill Best]

Hi Adrian

2009/10/21 Heads Together <info at headstogether.org>:
> I know lots about music copyright issues and broadcast - but what about the
> written (and then spoken) word.
> For example if a group of people were doing a programme about Fear and,
> amongst many other things - wanted to do some readings of poetry or sections
> of published stories that they have found particularly scary ... what do I
> need to do to...

The copyright in literary works such as books would require licensing
for broadcast purposes in much the same way as PRS for Music licenses
the use of musical compositions for broadcast.

There are four relevant agencies that license spoken word content in
the UK, namely:

PLS (Publishers Licensing Society - http://www.pls.org.uk

ALCS (Authors' Licensing and Collecting Society - http://www.alcs.co.uk

The Writers Guild of Great Britain - http://www.writersguild.org.uk/

The Society of Authors - http://www.societyofauthors.org/

Depending on the work, all four of the above licensing bodies might
need to be contacted to get clearance. Music licensing is relatively
streamlined by comparison as there are only two licensing bodies that
need to be approached: PPL and PRS for Music.

A licence would be required to broadcast literary works that are
currently in copyright.  The Copyright Act of 1911 defined the
copyright period to 50 years after an author's death; and the European
Union Directive on Term of Copyright (adopted by the UK on 1 January
1996) further extended the standard period to 70 years 'post mortem
auctoris'. Therefore in 2009 works by authors who died in 1939 or any
year thereafter remain "in copyright"; and conversely you would be
able to freely broadcast works published prior to 1939.  So readings
of Shelley's Frankenstein and Stoker's Dracula, as examples of scary
stories, would be fine for broadcast.

Please bear in mind that I am not a lawyer and the above information
has been gleaned over a number of years through a number of
conversations and emails with the relevant licensing bodies.  I would
recommend that the fine detail for each work in copyright is checked
before broadcast.

Of course, copyright licensing for music and spoken word, and a fairer
deal for community broadcasters, remain a priority within the CMA's
work agenda for the rest of this year and beyond.

Hope that helps and best regards

Bill Best
--
Community Media Association
http://www.commedia.org.uk/
http://twitter.com/community_media

Canstream Online Media
http://www.canstream.co.uk/