Legal Definitions - ephemeral recording

An ephemeral recording refers to a temporary copy of a copyrighted work that a broadcaster creates and uses for a limited period, typically for a specific broadcast or a short series of broadcasts. While broadcasters generally need explicit permission from copyright owners to use their material, an ephemeral recording allows them to make a temporary copy without seeking direct permission, provided they operate under a specific legal license or statutory exemption. However, the broadcaster is still obligated to pay royalties for the use of the copyrighted work and must destroy the temporary copy within a legally defined timeframe after its creation or use. This provision helps broadcasters manage their operations efficiently while ensuring copyright holders are compensated and their rights are protected from permanent, unauthorized duplication.

• Example 1: Local Radio Station

  A local radio station, "Classic Hits 99.5," plans to air a special live performance by a famous band. To ensure the highest sound quality for the broadcast and to allow for a single repeat broadcast later that evening for listeners who missed the live show, the station makes a temporary recording of the performance. This temporary recording is an ephemeral recording. The station doesn't need to seek direct permission from the band's record label for *making* this temporary copy, as long as they have the appropriate broadcast license (which covers the *performance* of the music). They will pay royalties for the broadcast of the music. Crucially, they are legally obligated to destroy this temporary recording shortly after the second broadcast, preventing it from becoming a permanent, unauthorized copy.

• Example 2: Television News Channel

  A national television news channel is preparing a special report on a historical event. For a brief segment within the report, they want to use a few seconds of a well-known copyrighted song to evoke the era. To integrate the music seamlessly into the final broadcast package, the production team creates a temporary master recording of that specific news segment, including the copyrighted music. This temporary master recording, containing the copyrighted song, qualifies as an ephemeral recording. The news channel's broadcast license allows them to create this temporary copy for the purpose of broadcasting the news report. They will pay royalties for the public performance of the song. However, they must delete this specific temporary master recording of the segment within a legally defined period after its broadcast, ensuring it's not kept indefinitely as an unauthorized copy.

• Example 3: Syndicated Radio Program

  A company produces a popular daily talk show that is syndicated to dozens of radio stations across the country. Instead of each station recording the show live, the syndicator records one master copy of the day's show and distributes it digitally to all affiliate stations. Each affiliate station then broadcasts the show at its scheduled time. The master copy created by the syndicator and the copies received by the affiliate stations are ephemeral recordings. The syndicator and the stations operate under licenses that permit the creation of these temporary copies for broadcast purposes. While they don't need individual permission for *making* these temporary copies, royalties are paid for the broadcast of any copyrighted material within the show (e.g., music played). All these temporary copies must be deleted by the syndicator and the affiliate stations within a specific, legally mandated timeframe after their broadcast, preventing them from becoming permanent archives.