Re: Oral History (Was: Re: broadcast speech)

Michael Seadle <seadle[_at_]mainlib3.lib.msu.edu> wrote:
>
> Tyler Ochoa <tochoa[_at_]law.whittier.edu> recently wrote:
> >
> > Speeches do not fall within the federal Copyright Act unless and
> > until they are "fixed," i.e., written down or recorded in some
> > permanent form.
>
> I'm wondering whether this means that oral history interviews (ones
> where the subject has merely spoken into a tape recorder) would be
> copyright free? Or is taping thought to be a sufficient act of
> "fixing" the material, even though it is not "writing it down?"

Taken from the definitions in 101:

        A work is "fixed" in a tangible medium of expression when its
        embodiment in a copy or phonorecord, by or under the authority
	of the author, is sufficiently permanent or stable to permit it
        to be perceived, reproduced, or otherwise communicated for a
        period of more than transitory duration. A work consisting of
        sounds, images, or both, that are being transmitted, is "fixed" 
        for purposes of this title if a fixation of the work is
	being made simultaneously with its transmission.
and:
        "Literary works" are works, other than audiovisual works,
	expressed in words, numbers, or other verbal or numerical
	symbols or indicia, regardless of the nature of the material
	objects, such as books, periodicals, manuscripts, phonorecords,
	film, tapes, disks, or cards, in which they are embodied.

Now I see a reference to tapes here which is the normal medium for recording audio. Surely words are verbal symbols. I conclude from this that an audio tape recording is sufficient fixation of a literary work. There is however a question of authorship (which I have been debating in private).

The author is the one who first reduces something to permanent form. If there are detailed notes then whoever wrote the notes is the author. If the taping is the only fixation presumably the recorder has some interest.

If the person taping and the person speaking are the same I see no problem.

If they are different, is the speaker an author, the recorder, or are they joint authors? What if more than one person records an unprepared speech? Are all the recorders joint authors?

BTW It appears that under US law if the recording is video then there is no fixation of the literary work as audiovisual works are excluded.

        "Audiovisual works" are works that consist of a series of 
        related images which are intrinsically intended to be shown 
        by the use of machines, or devices such as projectors, viewers, 
        or electronic equipment, together with accompanying sounds, if 
        any, regardless of the nature of the material objects, such as 
        films or tapes, in which the works are embodied.

This does not appear to include an audio only recording.

-- 
| Tim Arnold-Moore, LL.B., B.Sc. (Hons)
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