Copyright Policies

Would you have any policies in place that you might wish to share in relation to who owns copyright for material broadcast for your stations, I’d be very grateful to see them.
Thanks ever so much!

This is a great question! I'd be interested too!

I had only one complaint about our Radio Waterloo documentary about a 20 second clip of a past CKMS DJ who obviously video recorded herself at the station doing an interview and had her video in with other ckms programs on the station computer but threatened that we couldn't use her likeness.
She said that she was going to take legal action then her lawyer contacted me and just asked that I not submit it to any more film festivals. I knew the lawyer and he seemed to think that she didn't have any grounds to sue but just suggested to me that it would make her complaints go away. Weirdly enough the lawyer said she was fine having it released on YouTube.

Hi Everyone

1) As you know, we have a detailed copyright handbook you can access the information here - http://members.ncra.ca/?page_id=2555
It includes a short summary of the copyright tariffs as well here - https://docs.google.com/document/d/1D-QyT8hrHT1EeaIZ2kVeTIYhWiZqOJzAOuBI0-l0DpE/edit
If anyone makes a more practical version for volunteers/programmers, the NCRA/ANREC would be happy to share it with members (and review for accuracy)
2) For the CKMS issue (and other examples of ownership), it is important when videotaping to always get consent from someone.  Written is best, but even a quick "can we use this" and a reply on the actual audio will help. https://www.desktop-documentaries.com/copyright-issues.html (for some examples)
Additionally, there is a more open question about who owns what copyright of the audio created on your station.  This should be best addressed in a volunteer contract, outlining who owns what and has the rights to broadcast.  For example, if a programmer makes a show, and then leaves the station, do they own the show or can the station replay it without asking permission?  This is something that your contract should address.

Further to Barry's email and his suggestion that stations create a policy... In most cases where a volunteer hosts a show, as part of the station's regular approved weekly broadcast schedule, from the station's studios, using the station's equipment, the default will be that the station owns the copyright of the broadcast and can re-broadcast it as it sees fit.  Though it's not a bad idea to put that in writing and make sure your volunteers are aware of it.

Stations can also choose to share program copyrights with hosts, which makes things a bit more complicated because you'd have to get the host's permission for future uses of the program.  This would be a consideration particularly in situations where a host has done a lot of work to produce the show (e.g. written an extensive script), recorded it at home or using their own recording equipment, or produced it on their own initiative without it originally being part of the station's regular weekly line-up.
There are also different components that could have different copyrights.  For example, the broadcast that goes out over the airwaves, a pre-recorded version, an archived recording of the broadcast, scripts or notes, etc. are not necessarily all owned by the same copyright holder.  Station policies could address those issues as well.
CKUW recently changed our bylaws to license works under a Creative
Commons model which we felt covered most typical uses of CKUW produced
works.

BYLAW 17: COPYRIGHT
Ownership of copyright for works produced in the studios of CKUW is the
joint property of the creator and CKUW and licensed for general use
under Creative Commons license “Attribution-Non Commercial-Share Alike
(CC BY-NC-SA)”. No volunteer, staff member or board member may profit
financially from work produced in CKUW studios except by special
agreement with the board.

The CKUW policy is the best from my perspective, as a community radio program distributor who accepts content from programs produced on community radio stations.  If WINGS were to have to go to the station to get permission to use material produced by a programmer, who would even make that decision?  It could take a very long time.  I like the clarity of the Creative Commons licence “Attribution-Non Commercial-Share Alike
(CC BY-NC-SA)” .  The Program Exchange has a link to Creative Commons, making it simple to choose this license for distribution.  I believe similar policies are in place for community radio program ownership in Australia and at least some stations in the US.

There are other great options available too!

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