Tag: "Matthew B. Harrison"
SPRINGFIELD, Mass. –It is important to know more about intellectual property law than just enough to avoid litigation. Disputes involving intellectual property aren’t always played out civilly within the established legal system. Brawls are erupting in the Wild West of social networking, where threats of litigation don’t have much standing and unconventional is the nature of attacks.
As described in a previous article (A Lesson from the NJ101.5 Case.), a radio station got hit with a copyright infringement lawsuit because it used copyright protected images, stripped the identifying information of the photographer from the image, and posted them on its website inviting listeners to download and alter the images.
The station argued that its usage of the image was in the capacity of “news reporting” — a term which appears in the Copyright Act’s non-exhaustive list of potential purposes of fair use (thereby excusing their behavior from infringement liability). While “news reporting” is in fact a justification for copyright infringement – most cases in which news reporting is argued as a fair use defense fail because it is often misapplied – such as in this instance. The Court disagreed with the assertion that the radio station’s usage was news, ruling that news organizations are not free to use any and all copyrighted works without the permission of the creator simply because they wish to report on the same events a work depicts.
By Matthew B. Harrison
SPRINGFIELD, Mass. –– We are in the early stages of a significant shift in the way radio station owners/operators will be managing and paying for content creation. It is becoming increasingly important for radio talent to take stock of their current business relationship with their employers and consider these changes when mapping out future plans.
The shift coming to radio will be similar to what happened in the motion picture industry when the “studio system” in which actors were employed staff members of film factories such as MGM evolved into a model in which they became independent players contracted by production companies on a per-project basis.
The root of this change grows out of the separation of the “radio station” into two very different businesses which, for many decades, were considered one and the same –– radio station as a licensed property and radio station as a production company. The growth of the role played by the internet in the distribution of terrestrial radio station programming is exposing and speeding up the distinction between these two concepts.
By Matthew B. Harrison
SPRINGFIELD, Mass. –– In a recent article, Michael Harrison predicted that Intellectual Property Law would dominate talk radio’s legal concerns in the era that is unfolding. (It is filed at www.talkers.com under Michael Harrison and is titled “The Ticking of the Clock.”)
As talk programming evolves into new means of digital distribution through advances in technology, so does our need to understand intellectual property. While evolutionary, the nature of the rights themselves –– to control and exploit the products of one’s creativity and innovation –– remains consistent, the manner by which they are expressed and exchanged is constantly attempting to adapt to advances in technology.
The invention of, in turn, the printing press, the phonograph, radio and television broadcasting, cable, transmission from satellite, VCRs, CDs, DVDs, and now the internet has affected both the form and the substance in the interpretation of intellectual property rights.
By Matthew B. Harrison
SPRINGFIELD, Mass. –– When choosing to use non-original materials as a portion of programming, it is important to make sure that such usage falls squarely within the accepted affirmative defense of fair use.
A New Jersey federal appeals court recently reinstated a copyright and defamation lawsuit against New Jersey talk radio station, New Jersey 101.5 (WKXW-FM) and its former PM drive team “Carton & Rossi.” Craig Carton currently co-hosts the WFAN, New York morning drive show “Boomer & Carton.” Ray Rossi hosts an evening show on New Jersey 101.5.
The case was simple. New Jersey Monthly (NJM) hired a photographer to take a photo of Carton & Rossi to accompany an article to be published. An unknown employee of WKXW-FM then scanned in the image from NJM and posted it to the WKXW-FM website, among others. The image, as scanned and posted, cut off reference to NJM’s story title, and eliminated the gutter credit identifying the photographer. The station invited visitors to alter the image and submit resulting versions. In all, the station posted 26 of these submissions. At no time did the station or the hosts ask the photographer for permission, and as a result –– the photographer sued.