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July 19, 2005

Are Playlists Copyrightable?

I was recently asked whether radio station playlists are considered intellectual property. My first response was a simple "yes." However, I got to thinking a little more. I even asked around to find out what others thought. The result? A bunch of confusion.

As long as the expression is recorded in a fixed medium, it is copyrightable as a compilation. So, if the playlist is written on a page, or if the broadcast is recorded on a tape, then it is protected.

However, in order to violate the copyright, there must be copying of at least a substantial portion of the work. If the taped broadcast includes commercials and DJ commentary, but the copy omits these things, it looks less and less like the copyrighted work. The same is true if the copy changes the order of the "replay." As the copy gets more and more different from the original, issues of proof also arise. A number of stations play "Top 40," so a copy may have to play several songs in the exact same order to prove copying, rather than coincidence.

So, the simple answer is "yes," radio station playlists are considered intellectual property. However, copying of these playlists must meet certain requirements to be considered a violation of copyright law.

Posted by Melody Wirz at 04:39 PM.
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