are live radio broadcasts of sporting events protected under copyright?
Public Comments
- Yes. Usually at the beginning and the end of the broadcast there is an announced disclaimer that the program is copyrighted.
- Yes, as above. Copyright attaches naturally, as well. Even if the broadcast does *not* specifically declare it is under copyright, it can be. Usually, the broadcaster has an agreement with the league or franchise granting it the rights to do the broadcast. Thus the disclaimer of, "Any rebroadcast... only by the express written permission of [Station and/or League and Team.]" There may be defenses to infringement under Fair Use - like news reporting - for a portion of the game or broadcast (despite the disclaimer,) but it's an area that takes advice of experienced legal counsel and the willingness to defend against an infringement lawsuit. And any rebroadcast may involve paying royalty rights to the station and or league and team. Good luck!
- Darren, per usual, is correct. Copyright protection attaches automatically once it is in "tangible form." With regard to live broadcasts, it's going on to a tape as it's going on, so it's simultaneously obtaining copyright protection. Fair use would be your only exception. Check out 17 USC ยง107 (my favorite statute of all time - nerdy legal professional here).
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