Ask Author Law

Can I use radio recordings for articles and other projects?

February 9, 2015

Tags: Author Law, Writing, Sallie Randolph, Authorlaw, Copyright, Publishing, Books, Contracts, Collaboration Agreement, IP Law, Intellectual Property, Radio, Podcast

Ask Author Law is a Q&A blog about legal issues for authors. I am a practicing attorney, freelance writer, and publishing consultant. I focus my law practice on the representation of authors, often consulting with or serving as co-counsel to other attorneys on publishing cases. This information is for general purposes only and is not legal advice. Asking a question or reading an answer does not create an attorney-client relationship.

Q: I host a local radio show and I'm wondering if the interviews I do of guests on my shows are owned by me, to reproduce, or if I need to get permission when I want to use part of that interview in a written piece?

A: Just like you own a copyright in your own words from the moment they are “fixed in a tangible medium of expression” your guests own the copyright in their words when the show is recorded, which constitutes fixation. So the answer to your question is that the guests’ comments are owned by them, not by you, and the normal permission requirements would apply.

A good practice would be to get every guest to sign a consent form before the show, giving you permission to reproduce copies of the broadcast and to use the interviews for other projects. (It’s even possible that your station already has consent forms signed by guests). If you use phone interviews, obtaining written consent is less practical but you could make it a practice to ask for consent and record it prior to the interview. Verbal consent is a defense to copyright infringement, but the problem is proving that you had the consent. A recording where you explain your intended uses of the material and get consent would provide proof.

When you want to use material from your archive and you don’t have proof of consent, then you should follow the same procedures for use of the material that you would if you wanted to use someone else’s written material. Some of your proposed uses could be brief quotations that might constitute fair use. Or you might paraphrase and attribute as an indirect quote. Other uses would require consent. If so, you should contact the interviewee and ask for permission. If you get verbal permission, be sure to make notes of your conversation or record it.

You may be wondering why you didn’t need to get consent for the original interview. That is because by participating in the interview the guest is giving you implied consent to broadcast and record the interview. That implied consent would probably also apply to rebroadcasts and other radio uses of the interview but wouldn’t cover use in written pieces.