Political speeches/interviews: rebroadcast, use, and intellectual property concerns?

[MST]

state: CT

I have several sound clips of speeches made by a college Professor speaking on political issues such as U.S. policy and governments in general. Some are entire speeches, some are 3-7 minute sound bytes, a couple are of audience question and answer sessions, and a couple are interviews. I do not know him personally and are not associated with him. He is not running for office.
They are not classroom lectures with students (he is not a political science prof. but he is widely known for his politics.)
Some of these clips can be identified as to their date and location - some from University lecture halls, one is from the NY Poetry centre, and one was apparently on NPR radio. Other interviews may have been broadcast on news programs or other commercial situations (not sure). Others, I don't know of their date or location.

I find them interesting and would like to share them. I want to make them available on file sharing programs (that's how I got them!), and would like to set up an internet radio station to broadcast these speeches and clips.

Main question then: Can I do this? Could these political speeches be considered intellectual property in any way, and by whom? Do I need any permission or disclaimer? If the source is not clear is it up to me to find out?

Let me know also if you need further information that I have not thought to post.

 

[divgradcurl]

"Could these political speeches be considered intellectual property in any way, and by whom"

Yes, these speeches are IP. However, ownership is not simple. Federal copyright law only covers works "fixed in a tangible medium" -- therefore, the speech itself is not covered by federal copyright. However, someone recorded the speech, and those sound recording ARE covered by a federal copyright (unless they have been explicitly given over to the public domain) owned by the person or organization who originally recorded the speech.

In addition, although the speech itself is not covered by FEDERAL copyright law, the speech itself MAY be covered by STATE common-law copyrights -- this will depend on what state the speech was given in.

"and one was apparently on NPR radio. Other interviews may have been broadcast on news programs or other commercial situations (not sure)."

These ones certainly are covered by copyright, and if they are recordings of a transmission made by NPR or other news programs, the sound recordings are most likely infringing on copyright themselves...

"Can I do this?"

Of course you can do this -- but you will likely be violating someone's copyright. Whether or not the copyright holder steps forward and tries to assert their rights is another story.

"If the source is not clear is it up to me to find out?"

Yes.

You could go to the U.S. Copyright office website and try and determine if any of these recordings have a copyright registered to them. That might help you find some of the owners to try and get their permission.

 

[MST]

Thanks for that site, I hadn't thought of that. Well I searched the copywrite database on that site, searched on all search fields (whether he was the author, owner of the actual copywrite, joint owner, or part of the title or subject of a work). I got a lot of results (books he authored or wrote prefaces for, audio books, video, interviews) but nothing related to the stuff I have.
This could mean it is safe, or perhaps it has a state copywrite. Or perhaps my search wasn't exhaustive enough.

But since I didn't find anything I would be inclined to think it would either be fair use, or I would be an "innocent infringer" since I made a resonable effort to only transmit material which was a non-artistic informative nature and which I thought was safe and legal. I mean if I got a letter saying I had to remove the material I would promptly do so, I can't see someone claiming damages in my case. What do you think?

 

[divgradcurl]

"What do you think?"

Well, I am not a lawyer, but I would think that you are taking quite a risk. As you correctly noted, just because there is not a registered copyright doesn't mean that their isn't a state copyright or an unregistered copyright in existance. Furthermore, the person who gave the speech probably wouldn't be the person who held the U.S. copyright -- that copyright would belong to whomever recorded the speech (the person who "fixed" the speech in a "tangible medium"). The state common-law copyright would be for the person giving the speech.

" it would either be fair use"

Maybe, but who knows. You raise fair use as a defense to an infringement action -- it doesn't protect you up
front.

"I would be an "innocent infringer" since I made a resonable effort to only transmit material which was a non-artistic informative nature and which I thought was safe and legal"

Unfortunately, this is irrelevant. An "innocent infringer" is still liable for infringement. True, the penalties for "willful infringement" are a lot higher, but an "innocent" infringer can still be held liable for copyright infringement and be forced to pay damages.

"I mean if I got a letter saying I had to remove the material I would promptly do so"

But what if they don't send you a letter -- what if you find out you are ingringing when you get a lawsuit served on you?

I guess the point is this. If you do this without getting all of the necessary permissions, you will be infringing on someone's copyright. Whether or not they follow up on that infringement or press it in any way is a risk.

 

[MST]

Good reply, I have decided not to do it for both copyright reasons and because there are plenty of stations out there that can support more listeners and have websites. Me and my cable modem won't be accomplishing anything.