BROADCASTERS ARE READY TO CONSIDER FAIR LICENSES WSB-TV initiated litigation against TV News Clips to gain control over its valuable work product. Although WSB-TV has not entered into license agreements with video monitors, it has always allowed members of the public to view copies of its broadcasts at the station and, in certain instances, provided copies of programs in response to requests. Through the litigation, WSB-TV has become aware that there is significant public interest in and a market for copies of its news and public affairs programs. As a result, it has reassessed its resistance to enter into license arrangements with video monitors, and is prepared to consider making copies available directly or through an agent of its choosing. Indeed, we understand that other broadcasters who have not had such license arrangements with video monitors have recently reported entering into such arrangements, or are currently considering doing so. We underscore, however, that the copyright ramifications of this issue are not simple. Even with licenses from broadcasters, a number of problems can arise from the sale of these programs. Oftentimes, news programs contain material, such as video, photographs or music, that is owned by third parties, and that the station may not be expressly authorized to sublicense to others. In addition, misuses of material (improper attribution or republication) can occur, even where strict licensing arrangements exist. Nevertheless, self-marketing or licensing will enable broadcasters to control to the greatest extent possible third party uses of their material. CONCLUSION The issue of the "fair use" rights of video monitors has been and is being addressed in litigation applying timehonored copyright principles. To date, the courts have applied the fair use test in a manner consistent with prevailing fair use precedents. As the marketplace's interest and need for copies of programming grows, there is no reason to doubt that suitable licensing arrangements will evolve. Broadcast copyright owners and certain video monitors have indicated a willingness to come to the negotiating table and work out a solution to this problem. Unless and until there is a breakdown in the courts or in the marketplace, there is no need for congressional action on this issue. 71-249 (140) |