Page 119 - Law and the Media

Law and the Media
Spoken words
Under Section 58 of the CDPA, spoken words in public or private may be quoted for the
purpose of reporting current events or for broadcasting or inclusion in a cable programme
service, as long as:

They are not taken from any previous written or spoken recording or broadcast or
cable programme
Any copyright already in existence is not infringed, and
The person lawfully in possession of the recording gives permission.
As a result, newspapers and magazines may quote spoken words as often and as fully as they
wish, providing their purpose is the reporting of current events and permission is given.
Broadcasters and cable television producers are free to reproduce spoken words for any
purpose, as long as they are a recording original to the broadcaster or cable programme and
permission is given.

5.2.2 Moral rights

A moral right has two aspects: the right of paternity and the right of integrity. It is often said
that moral rights have little relevance or effect in English law. In European countries moral
rights are inalienable – in other words, they cannot be waived. However, under the United
Kingdom’s CDPA an author has the power to waive his moral rights in writing.

It is normal for the author of a programme or script in the United Kingdom to agree to waive
his moral rights so that the producer can avoid the risk of overall editorial control by the
author. In order to obtain an effective waiver of moral rights, the waiver should be in writing
and signed by the proper owner.

If a work falls out of copyright, the author’s moral rights will also come to an end.

5.2.3 Performers’ rights

A producer must obtain the written consent of a performer such as an actor, singer, dancer
or musician for any recording and/or exploitation of his performers’ rights. For example, the
broadcast of a commissioned performance, under Section 180 of the CDPA.

Interviews
Interviews should be distinguished from ‘spoken words’ as defined under Section 58 of the
CDPA. Producers should ensure that any person giving a formal interview for a television or
radio programme signs an interview agreement permitting the recording and exploitation of
the interview in order to ensure that both the copyright and the performers’ rights in the
interview are assigned.
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