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Broadcasting extracts of literary and dramatic works

by admin last modified 2009-06-10 03:30
June 2009

This information is for general guidance only; it is not legal advice.

First read:

A special exception in the Copyright Act (section 45) allows a person to read or recite “an extract of reasonable length from a published literary or dramatic work” for a broadcast, provided the author and title of the work are acknowledged. The Act does not define “reasonable length”. If you wish to broadcast all or most of a work (in our view, whether during one broadcast, or over a period of time) you should seek permission from the copyright owner.

Note that this exception only covers the work and not any sound recording of the work, so it does not allow you to broadcast an extract of a talking book for example. (In such cases, you could rely on the exception for the book itself, but you would need permission from the owner of copyright in the sound recording to broadcast any “substantial part” of that recording.)

Note also that this exception relates only to broadcasting the extract. Permission will generally be needed to record the broadcast for purposes other than, for example, “ephemeral” use.

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