BROADCAST COPYRIGHT

Advice for those new to the concepts of copyright
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ndiver
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BROADCAST COPYRIGHT

Post by ndiver » Sat May 21, 2011 4:34 pm

Hi
I'm new to this forum and apologies to the moderator in advance if this is the wrong place to post this question.
I have a 16mm film of a programme broadcast by the BBC in 1963,the film was produced and released by the BBC,the same year.the film features rock bands performing in liverpool at that time.
My question is,
As a broadcast does copyrite last 50yrs from time of broadcast,or,because it contains performances from live artists,does it last 70yrs from the death of the last surviving performer/directoe/producer?
I am in the UK.
thanks for looking and I look forward to clarificatrion

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AndyJ
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Post by AndyJ » Sat May 21, 2011 6:59 pm

Hi ndiver,
You are correct in saying that copyright in a braodcast in the UK lasts for 50 years from the end of the year in which it is broadcast. That period is not related to the date of death of anyone involved in producing the broadcast. The period may be shorter then 50 years if the programme was produced outside the UK or the producer came from outside the European Economic Area, if the duration of copyright in the country of origin was shorter than 50 years at the time of creation.
But as you seem to be aware, broadcast copyright is not the only consideration. In the case you mention the programme is of a performance or performances by bands and these performers also have rights over how their performances may be exploited. However, as performance right also lasts for 50 years, these rights are now extinguished too.
But that is not the end of the matter. There is copyright in the lyrics and music which was being performed. And in this case it is the author's life plus 70 years which determines the duration of the right. So before you can freely use your copy of the broadcast, you would need to know the terms on which the lyricists and composers licensed the use of their work to the programme makers, to know if further permission / licences are required to re-broadcast or otherwise publish the programme now. The BBC should have all this information.
It is this problem which is often the reason that programme makers like the BBC can't always just re-issue old material on DVD, as in many cases they only originally had the rights to broadcast the programme once.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

ndiver
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Post by ndiver » Sat May 21, 2011 9:38 pm

Hi Andy
Thankyou for the quick and informative reply,I will contact the BBC,if they are reticent on giving the information,are you aware of any other route I could take?

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AndyJ
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Post by AndyJ » Sun May 22, 2011 6:46 am

Hi ndiver,
If the BBC either can't or won't help, the next place to go would be the video division (VPL) of the collecting society PRSfor Music. The bit you are interested in is under the heading 'Secondary Sales' on the right hand side of the page.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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