User:Physchim62/Political speeches

Berne Convention
The question of the copyright of individual speeches is left to national legislation. However, only the speaker may authorize the production of a collection of his works.


 * (1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part, from the protection provided by the preceding Article political speeches and speeches delivered in the course of legal proceedings.
 * (2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which lectures, addresses and other works of the same nature which are delivered in public may be reproduced by the press, broadcast, communicated to the public by wire and made the subject of public communication as envisaged in Article 11bis(1) of this Convention, when such use is justified by the informatory purpose.
 * (3) Nevertheless, the author shall enjoy the exclusive right of making a collection of his works mentioned in the preceding paragraphs.


 * (1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:
 * (i) the broadcasting of their works or the communication thereof to the public by any other means of wireless diffusion of signs, sounds or images;
 * (ii) any communication to the public by wire or by rebroadcasting of the broadcast of the work, when this communication is made by an organization other than the original one;
 * (iii) the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.
 * (2) It shall be a matter for legislation in the countries of the Union to determine the conditions under which the rights mentioned in the preceding paragraph may be exercised, but these conditions shall apply only in the countries where they have been prescribed. They shall not in any circumstances be prejudicial to the moral rights of the author, nor to his right to obtain equitable remuneration which, in the absence of agreement, shall be fixed by competent authority.
 * (3) In the absence of any contrary stipulation, permission granted in accordance with paragraph (1) of this Article shall not imply permission to record, by means of instruments recording sounds or images, the work broadcast. It shall, however, be a matter for legislation in the countries of the Union to determine the regulations for ephemeral recordings made by a broadcasting organization by means of its own facilities and used for its own broadcasts. The preservation of these recordings in official archives may, on the ground of their exceptional documentary character, be authorized by such legislation.

United Kingdom
Citations are to the Copyright, Designs and Patents Act 1988 as amended.

General case
A copyright exists in spoken words, as a "literary work", from the moment they are recorded in any form, with or without the permission of the speaker, and regardless of any copyright in the recording itself.


 * 3. Literary, dramatic and musical works
 * (1) In this Part&mdash;
 * "literary work" means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes&mdash;
 * (a) a table or compilation other than a database,
 * (b) a computer program,
 * (c) preparatory design material for a computer program, and
 * (d) a database;
 * "dramatic work" includes a work of dance or mime; and
 * "musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
 * (2) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
 * (3) It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.

Speeches may be reproduced from a direct record which was made with the permission of the speeker. The speaker may insist that the source is not acknowledged ("off-the-record" citations) by s. 58(2)(c). The reproduction of a record of the speech (e.g. from a newspaper or television broadcast) is an infringement of the copyright of the speaker, owner of the copyright in the literary work which consitute his/her words.


 * 58. Use of notes or recordings of spoken words in certain cases
 * (1) Where a record of spoken words is made, in writing or otherwise, for the purpose&mdash;
 * (a) of reporting current events, or
 * (b) of communicating to the public the whole or part of the work,
 * it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, provided the following conditions are met.
 * (2) The conditions are that&mdash;
 * (a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast;
 * (b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;
 * (c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and
 * (d) the use is by or with the authority of a person who is lawfully in possession of the record.

Public administration exceptions
Again, only the use of a direct record is permitted.


 * 45. Parliamentary and judicial proceedings
 * (1) Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings.
 * (2) Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.


 * 46. Royal Commissions and statutory inquiries
 * (1) Copyright is not infringed by anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry.
 * (2) Copyright is not infringed by anything done for the purpose of reporting any such proceedings held in public; but this shall not be construed as authorising the copying of a work which is itself a published report of the proceedings.
 * (3) Copyright in a work is not infringed by the issue to the public of copies of the report of a Royal Commission or statutory inquiry containing the work or material from it.
 * (4) In this section&mdash;
 * "Royal Commission" includes a Commission appointed for Northern Ireland by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973; and
 * "statutory inquiry" means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.

Fair dealing
Must be for the purpose of criticism, review or news reporting (or research and private study, s. 29). The commercial reproduction of texts for use in English literature courses was held not to be fair dealing: Sillitoe v. McGraw Hill Books (1983). We would have no defence that we are enabling research and private study.


 * 30. Criticism, review and news reporting
 * (1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement and provided that the work has been made available to the public.
 * (1A) For the purposes of subsection (1) a work has been made available to the public if it has been made available by any means, including&mdash;
 * (a) the issue of copies to the public;
 * (b) making the work available by means of an electronic retrieval system;
 * (c) the rental or lending of copies of the work to the public;
 * (d) the performance, exhibition, playing or showing of the work in public;
 * (e) the communication to the public of the work,
 * but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.
 * (2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.
 * (3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film or broadcast where this would be impossible for reasons of practicality or otherwise.