Radio stations do far more than entertain. Every day they inform, educate and connect communities through news, music, interviews, talk shows, documentaries, advertisements, sports coverage and public interest programming. In doing so, radio stations create valuable intellectual property. At the same time, they regularly use the intellectual property created by others. Understanding copyright is therefore essential for every radio station owner.
Copyright protects original literary, musical, artistic, dramatic and audiovisual works, including sound recordings and broadcasts. In many jurisdictions, copyright protection arises automatically once an original work is created and recorded. A radio station may own copyright in many of the works it produces, including:
1) Original radio programmes;
2) Interviews;
3) News reports;
4) Promotional jingles;
5) Station identifications;
6) Advertising productions;
7) Podcasts;
8 ) Recorded discussions; and
9) Original website and digital content.
However, owning copyright in those works does not automatically entitle the station to use other people’s copyrighted material without permission. One of the most important responsibilities of every broadcaster is ensuring that the music, sound recordings and other copyrighted works broadcast over the airwaves are properly licensed. Musicians, composers, lyricists, producers and performers are entitled to receive royalties when their copyrighted works are publicly broadcast.
Copyright law recognises that creative works have commercial value and that creators should be fairly compensated whenever their works are commercially exploited. Radio station owners should therefore ensure that they obtain and maintain the appropriate licences from the relevant copyright owners or authorised collective management organisations responsible for administering broadcasting rights. Copyright compliance extends beyond music. Stations should also ensure that they have permission before broadcasting:
1) Audio recordings;
2) Photographs;
3) News footage;
4) Written articles;
5) Film clips;
6) Podcasts created by third parties;
7) Sound effects; and
8 ) Other protected content.
Equally important, radio stations should have clear agreements with presenters, journalists, producers, advertisers and freelance contributors regarding ownership of programmes and content created for the station. Good copyright management protects both the broadcaster and the creator. It reduces legal risk, strengthens commercial relationships and contributes to the long-term sustainability of the creative industries. Broadcasting is built on creativity.
Creativity deserves respect and copyright ensures that those who create the content we hear every day receive the recognition and reward they have earned. A successful radio station does not simply broadcast great content. It broadcasts it lawfully.
For legal advice on copyright, broadcasting rights, music licensing, media law, intellectual property, entertainment law or commercial agreements, contact Dzekedzeke and Company.
