Television Programming & Copyright Law
Television programs are among the many creative works protected under U.S. copyright law. This means that owners of television program copyrights may exclude others from using or reproducing their work. It also means that the same exceptions, including fair use and educational use, apply.
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Rights of Television Broadcast Copyright Holders
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Like the holder of any copyright, the holder of a copyright to a television program has the exclusive right to make copies of the program; make derivative works based on the program (for instance, to produce a CD of the program's soundtrack; to distribute the program for profit, by sales, rentals, etc.; to "perform" the program publicly (for instance, to show the television program); to display individual images from the program publicly and to "perform" the program's soundtrack by means of digital audio transmission.
Libraries
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The most well-known limitations on television copyrights fall under sections 107-112 of the U.S. Copyright Act, which govern "fair use." Among the fair use exceptions television program copyright holders must know is section 108, which gives libraries the right to make one copy of the program and distribute it, as long as they do not do so for profit and they make the copy available to the general public. Libraries may also make copies of television programs if the copy they have in their collection is degrading and they cannot purchase another copy from the copyright holder.
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Transfer of Righfully Owned Copies
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A person who owns a legally-obtained copy of a television program may sell, give away or dispose of the copy without needing permission from the copyright holder and without infringing the copyright holder's rights. For example, if you own the first season of a television show on DVD, you may legally sell the DVD at a garage sale, give it as a gift or throw it away. Copyright law does not, however, allow you to make and keep a copy of the DVD before you get rid of the original.
Free Showings
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Section 110 of the U.S. Copyright Act allows people to show copies of television programs they rightfully own, as long as the showing is not made for profit. For example, you may invite your friends over to watch your DVDs of your favorite television show, but you may not charge your friends admission.
Educational Broadcasts
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By far the largest exception in television programming copyright law is the one governing re-broadcasts or showings of television shows in classrooms, or for educational purposes. The educational-purpose exception is so widely used that in 1981, the U.S. Congress developed the Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes.
The Guidelines allow teachers to record television programs for educational purposes and to show these programs in the classroom, as long as the programs are shown within 10 days of being recorded and are deleted or destroyed no more than 45 days after they are recorded. Teachers are allowed to make "a limited number" of copies for colleagues, but the copies are subject to the same time limits as the original. Teachers need not show the entire television program, but must not alter or create derivative works from the program.
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References
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- Photo Credit television cameraman image by itsallgood from Fotolia.com
