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Issue with video news show content and fair use with local newspaper

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worriednews

Junior Member
What is the name of your state (only U.S. law)? California

I do a daily 30 minute video news show 5 days a week on public access television in a small county. For the past 5 years it consists of 3 segments, world news, local news and local police blotter. The local news and police blotter are found in the only local newspaper. About 3 years ago the editor of the newspaper asked that if we used their stories for local news (usually 3 a day around 10 minutes of show) that we credit the writers and the newspaper. We have been doing that ever since. Recently a new editor arrived and I approached them about merging my news video onto their website and branding it with their name. I offered to train them and replace my anchor if they choose and let them be in control of all content.

When they called me back the new editor didn't want to discuss this at all. He just wants all content derived from the newspaper taken off my show.

My question is about fair use and copyright law. The newspaper is the only source locally for stories. The radio stations and other printed small papers locally all use the stories from this newspaper. Recently the newspaper made their online content pay subscription to read articles. I subscribed and pay to access the internet stories and receive the newspaper in print.

The police blotter in the newspaper is from daily law enforcement log releases that they re write. If I read the re write in the newspaper and re write that and it really is just a fact then is that fair use or do I have to drive down to law enforcement office and re write from original release?

Also if I take 3 local stories a day out of the news paper and take the facts of the news and re write the story with credit given to the writer from the newspaper and the newspaper as a source is this fair use if I only use them as source for my story. My problem is that my news on Public Access Television is non commercial we are not allowed call to action advertisement on public access. I do try to get underwriters for my show but so far they have only been barter clients no money.

Since I have no income I cannot really afford to drive into town everyday to get the reports for police blotter and every other news outlet locally uses the newspaper stories for their local news too. The radio stations and smaller internet newspapers. I also noticed the newspaper writers taking the Sheriff Office press release stories local and copy paste exact text and then sign their name so is that considered copyright issue or fair use?
 


FlyingRon

Senior Member
Actually, it's not "fair use" but the facts of the police blotter/news stories can't be protected by copyright, only their expression. You have to make sure you're limiting yourself to facts and not paraphrasing (hence deriving) their expressive works which are protected. Why don't you run over to the police department and get your own copy of the blotter. In some places it's even online.
 

worriednews

Junior Member
Police Blotter

Thanks for the quick response I do things like the newspaper re write says "A caller from" and I write "a report was taken" most of each entry is hard to change as its from original release.

Yes I plan on getting the police reports but it really is about gas in the car. I cost me $4.00 to round trip town each time and 5 days a week is $20.00 I have not budget thats the issue....

I guess its the cost of my hobby. Hope someone answers about the 3 stories a day rewrite.

thanks for your input
 

FlyingRon

Senior Member
As far as copyright is concerned, you can probably reflect the facts in the news stories as well.
However, it would be entirely disingenuous as a journalist not to disclose where you're ripping off your news from.
Something like: "The Podunk News Observer reported that Clem's hardware was the scene of a three alarm fire Thursday....
 

worriednews

Junior Member
credit where credit is due

Yes I agree I have always given the original writer credit and the newspaper and directed people to the newspaper for follow up stories. I would use other sources but not any I can find in my area.
 

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