There is (at least) one Fireside Chat that I would like to use,
possibly in an ebook, possibly in a Conventional Book .... Who knows?

http://www.mhric.org/fdr/fdr.html

Copyright on the spoken word ... Is it the same as for the written word?

OK to use ????

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Request for Question Clarification by kriswrite-ga on 28 Jun 2004 10:08 PDT

Bryan, in the U.S., spoken word is protected under copyright law (it
is "intellectual property"). To know whether or not a particular
speech is in public domain, I'll need to know which speech(es) you're
interested in.

Kriswrite

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Clarification of Question by probonopublico-ga on 28 Jun 2004 10:57 PDT

Hi, Kristina

I was hoping you'd take a crack. 

It's No 16 - December 29, 1940, 9:30 PM which is wrongly dated on the Summary.

Many thanks

Bryan

Bryan~

Good news; according to the Vincent Voice Library at Michigan State
University, the "Fire Side" chat for December 29, 1940 is in the
public domain.

Check it out at  http://www.lib.msu.edu/digital/vincent/findaids/RooseveltFD.xml
 (Vincent Voice Library, "An Inventory of Spoken Word Audio Recordings
in the Vincent Voice Library, Michigan State University"). You'll find
it listed at about the middle of the page.

Goodie for you,
Kriswrite

P.S. You happen to pick my birth date, btw. But I'll leave it to you
to wonder if I was actually alive to HEAR this "Fireside Chat." :)

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Clarification of Answer by kriswrite-ga on 29 Jun 2004 08:35 PDT

P.S. As part of my research, I emailed the FDR Library; I got their reply today:

"The writings, speeches, addresses and statements of Franklin D.
Roosevelt are in the public domain, and no permission is required to
reprint them."

This may prove helpful if you change your mind about *which* "chat" to use :)

Kriswrite

Brilliant, Kristina, Very Many Thanks.

I already knew it was your Birthday & I remember the date perfectly
because I made a speech at you Kristening and this is still COPYRIGHT.

All the Very Best

Bryan

Bryan~

Thanks for the great rating and the tip :)

Also, it's good to know that I'm still brilliant!

Kriswrite

Note the holding in Midler v. Ford, 849 F.2d 460 (9th Cir. 1988)
available at http://www2.bc.edu/~yen/Torts/Midler.pdf:

"Copyright protects 'original works of authorship fixed in any
tangible medium of expression.'  17 U.S.C. Section 102(a).  A voice is
not copyrightable.  The sounds are not "fixed.'"

Thus, a spoken word ~recording~ is indeed subject to copyright
protection, but the author, under copyright law, is the person who
fixed it in a tangible medium by recording it, not the speaker.

Interesting question.  Given that federal "works" are in the public
domain and the President gave these chats as a federal "employee"
conducting his duties, the would arguably be in the public domain
immediately.

Hi, Ipfan & Nelson

Very many thanks for your great Comments.

Much appreciated!

Bryan