The Problem with Podcasts

Is it fair to record whatever books you’d like?

By Carrie Russell -- School Library Journal, 4/1/2007

Our library would like to create podcasts of some of our children’s book programs. It’s my understanding that we would need to get permission from the publisher to record a copyrighted work. Am I correct? By the way, we’re also thinking of recording tales by Robert Louis Stevenson, Edward Lear, and others whose stories are in the public domain. —Lisa Smith, head of youth services Lindenhurst Memorial Library, Lindenhurst, NY

You’re correct—to record a copyrighted work, you need a publisher’s permission. It’s always wise to do a fair-use analysis when you have a copyright question. Although the purpose of your use (factor one) is not for profit, your library isn’t linked to an educational institution. Factor two relates to the nature of a work, and fiction tends to be highly protected under the copyright law. Factor three addresses the amount of a work being used—and you’re planning to use the entire work. Finally, since visitors could download one of your podcasts instead of purchasing an audiobook or a podcast from iTunes, your use could have a negative effect on a work’s market (factor four). My advice? Stick to works that are already in the public domain.

A parent of one of our students would like to compile a cookbook to raise money for a school project. What are the copyright implications? —Kathy Idol, media coordinator
Parkway Elementary School, Boone, NC

The copyright law doesn’t extend protection to lists, such as your grocery, to-do, or book list. Similarly, lists of ingredients are in the public domain. However, an original recipe’s description and directions are protected by copyright law. That means if you’d like to reprint a recipe that has appeared in a magazine or cookbook, you must first obtain authorization from the copyright holder. Of course, you can always create your own recipes, but make sure they’re significantly different than the original ones.

If a parent comes up with a creative and original way of arranging the recipes, that may help. But that’s easier said than done—and it rules out listing recipes alphabetically or by categories, such as pasta, poultry, and desserts. Plus, if a parent is asking other parents to contribute recipes to the collection, it’s unlikely that their compilation would be free of copyright restrictions. Just to avoid confusion down the road, I would suggest talking to the parent about these copyright issues.

In your August 2006 column (“Voice of Reason,” p. 27), you said that it was “acceptable” to record a teacher reading a story for student use. Is it also OK to make a CD of the recording and let students check it out with the corresponding book? —Lynn Lowell, library media specialist
Old Town Elementary Library, Old Town, ME

If a commercial recording is available, you should purchase it. If one doesn’t exist, go ahead and make a CD. Then, your students can check out the audio and print versions of the book. I recommend that you label the CD and/or announce at the beginning of the recording that the work may be protected by copyright law and further downloading is not allowed.

Our school recently performed a musical work that’s not in the public domain. Are we allowed to post an audio recording of it on our Web site? —Lori Deibel, library director
The Branson School, Ross, CA

The law allows nonprofit, educational institutions to perform and transmit (under certain conditions) a work for teaching purposes. But in this particular case, posting the music has no true educational purpose. Many school districts have licenses with music clearinghouses that allow them to perform protected works at school functions. These licenses probably don’t allow schools to make recordings of their live performances or to transmit them. Check with whomever handles licenses for your school district. It’s possible, but I think unlikely, that the license would allow these types of uses.