Section 13 of the Copyright and Neighbouring Rights Act 2000 is the press and broadcasting exception. It is wider than the others in one important way.
Section 13 — the opening words
Notwithstanding section 6(1)(a), (i) and (j), the following acts may be taken without the authorization of the author or other owner of copyright — subject to the obligation to indicate the source and the name of the author as far as practicable.
Every other free use in the Act excepts only section 6(1)(a), the reproduction right. Section 13 excepts three rights:
(a) reproduction; (i) broadcasting; and (j) other communication to the public.
So a news organisation relying on section 13 may not only copy the material but broadcast it and put it online — which is what makes the section usable in practice. A quotation under section 10, by contrast, is permitted only as a reproduction.
Note what is still not permitted: translation (s 6(1)(b)), adaptation (s 6(1)(c)), distribution (s 6(1)(d)) and public performance (s 6(1)(h)).
Paragraph (a) — articles on current topics
The reproduction in a newspaper or periodical, or the broadcasting or other communication to the public, of an article published in a newspaper or periodical on current economic, political or religious topics, or of a broadcast work of the same character —
except where the right to authorize reproduction, broadcasting or other communication to the public is expressly reserved on the copies by the author or other owner of copyright, or in connection with the broadcasting or communication of the work.
The subject matter is confined to current economic, political or religious topics. A feature on sport, a review, a short story or a technical article is outside paragraph (a).
The source must be a newspaper or periodical — or a broadcast work of the same character. Material first published in a book, or on a website that is not a periodical, is not covered.
The re-use must be in a newspaper or periodical, or by broadcast or communication to the public. Reproducing the article in a book or a corporate brochure is not within paragraph (a).
The opt-out. Paragraph (a) does not apply where the right is expressly reserved on the copies, or in connection with the broadcast. This is why newspapers carry a rights reservation notice: a clear reservation withdraws the exception entirely. Publishers who want to control syndication should reserve rights expressly and visibly.
Paragraph (b) — reporting current events
For the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.
This is the qualification that decides most cases. The work must be one encountered as part of the event being reported — the music playing at a ceremony being covered, the artwork on the wall behind an interview, the banner carried at a march, the speech given at an opening.
It does not permit a broadcaster to use a work simply because a news story is about it. Illustrating a report on the music industry by playing a hit song is not using a work seen or heard in the course of the event reported.
Two further limits: short excerpts only, and to the extent justified by the purpose. The proportionality test is the same one used in section 10 and section 11.
Note the matching provision for neighbouring rights: section 25(a) excepts the use of short excerpts for reporting current events to the extent justified by the purpose of providing current information from the rights of performers, producers and broadcasters. The two operate together, so news footage that captures a protected performance is covered on both sides.
Paragraph (c) — speeches
The reproduction in a newspaper or periodical, or the broadcasting or other communication to the public, of a political speech, lecture, address, sermon or other work of a similar nature delivered in public, or a speech delivered during legal proceedings — to the extent justified by the purpose of providing current information.
Because they are protected. Section 4(1)(a)(ii) lists speeches, lectures, addresses, sermons and other oral works as literary and artistic works, and nothing in the Act requires a work to be written down before copyright arises.
Paragraph (c) makes public discourse reportable. Note its limits:
Delivered in public. A speech given in private is not covered.
Political speech — or a lecture, address, sermon or work of a similar nature. A commercial keynote or a paid lecture may not qualify.
Or a speech delivered during legal proceedings — submissions and addresses in court. This complements section 5(b), under which the judgment itself, as an official text of a legal nature, is outside copyright altogether.
To the extent justified by the purpose of providing current information. The exception is for news, not for anthologies. Publishing a collection of a politician’s speeches years later is not providing current information.
The attribution obligation
The opening words of section 13 make the whole section subject to the obligation to indicate the source and the name of the author as far as practicable.
“As far as practicable” is the same qualification used in section 11(2), and softer than the unqualified requirement in section 10(2). It accommodates live broadcasting, where a full citation may be impossible — but it is not a licence to omit credits that could easily be given.
Attribution also engages the author’s moral right under section 7(1)(a) to have their name indicated prominently in connection with any public use, and the integrity right in section 7(1)(d): an excerpt edited so as to distort what the author said may be a derogatory action prejudicial to their honour or reputation, whatever section 13 permits.
A checklist for newsrooms
- Which paragraph applies? A syndicated article — (a). Material captured while covering an event — (b). A speech — (c).
- For paragraph (a), check for a reservation of rights on the copies or with the broadcast. A clear reservation ends the exception.
- For paragraph (b), ask whether the work was actually seen or heard in the course of the event, and keep the excerpt short.
- For paragraph (c), check the speech was delivered in public, or in legal proceedings, and that the use is for current information.
- Credit the source and the author as far as practicable, in every case.
- Do not translate or adapt in reliance on section 13 — those rights are not excepted.
Sources
- Copyright and Neighbouring Rights Act 2000 — ss 4–7, 10, 11, 13, 25
Before relying on anything here, read the current text of the Copyright and Neighbouring Rights Act 2000 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.