Wires and syndication
Copyright exceptions for news reporting
Short answer
- Berne Convention
- No protection for news of the day or mere items of press information, Article 2(8) 1
- United Kingdom
- CDPA 1988, section 30(2), photographs excluded 2
- United States
- 17 U.S.C. 107, four-factor fair use test 3
- Canada
- Copyright Act, section 29.2, source and author must be mentioned 4
- European Union
- Directive 2001/29/EC, Article 5(3)(c) 5
The international baseline
Article 2(8) of the Berne Convention says its protection does not apply to news of the day or to miscellaneous facts having the character of mere items of press information 1. The facts in a story are free to report. The words, photographs and video used to tell it may be protected.
Article 10bis(1) leaves it to each country to permit reproduction by the press of articles on current economic, political or religious topics where reproduction is not expressly reserved 1. The source must always be clearly indicated 1. Article 10(1) permits quotations compatible with fair practice, including quotations from newspaper articles and periodicals in the form of press summaries, and Article 10(3) requires mention of the source and the author's name if it appears 1.
Country rules compared
| Jurisdiction | Provision | What it allows | Attribution condition |
|---|---|---|---|
| United Kingdom | CDPA 1988, s.30(2) 2 | Fair dealing with a work, other than a photograph, for reporting current events 2 | Sufficient acknowledgement, not needed for sound recordings, film or broadcast where impossible for reasons of practicality 2 |
| United Kingdom | CDPA 1988, s.30(1ZA) 2 | Quotation from a work made available to the public, no more than the purpose requires 2 | Sufficient acknowledgement, except where impossible 2 |
| United States | 17 U.S.C. 107 3 | Fair use for purposes such as criticism, comment and news reporting 3 | None stated in the section. The four factors decide each case 3 |
| Canada | Copyright Act, s.29.2 4 | Fair dealing for the purpose of news reporting 4 | The source, and the author, performer, maker or broadcaster if named in the source 4 |
| European Union | Directive 2001/29/EC, Art. 5(3)(c) 5 | Member States may allow press reproduction of articles on current topics and use of works in reporting current events 5 | The source, including the author's name, except where this turns out to be impossible 5 |
| European Union | Directive 2001/29/EC, Art. 5(3)(d) 5 | Quotations for criticism or review of lawfully published works 5 | The source, including the author's name, except where impossible 5 |
The US four-factor test
The legislative notes reproduced with the statute give as an example of fair use the summary of an address or article, with brief quotations, in a news report 3.
- The purpose and character of the use, including whether it is commercial 3.
- The nature of the copyrighted work 3.
- The amount and substantiality of the portion used in relation to the work as a whole 3.
- The effect of the use on the potential market for or value of the work 3.
- The fact that a work is unpublished does not by itself bar a finding of fair use, a sentence added in 1992 3.
News as property between rivals
US law has a separate line of cases on copying news between competitors. In International News Service v. Associated Press, decided on 23 December 1918, the Supreme Court held that news is quasi property as between competitors, and that taking a rival's news for profit could be unfair competition 6. That case concerned one agency taking another agency's bulletins 6.
Why these rules matter for tracing a story
Where the law ties the exception to naming the source, the credit line is part of lawful reuse. Canada makes the exception depend on mentioning the source 4. The UK requires sufficient acknowledgement for reporting current events in most media 2. A missing credit can mean the reuse falls outside the exception, and it makes the upstream report harder to find.
The EU press publishers' right adds a separate layer for online uses by platforms, and it applies the same exceptions as Directive 2001/29/EC 7.
Common questions
Are facts in a news story protected by copyright?
The Berne Convention says its protection does not apply to news of the day or mere items of press information 1. The wording and images can be protected.
Can a UK outlet use a rival's photograph to report the news?
Section 30(2) of the CDPA excludes photographs from the fair dealing exception for reporting current events 2.
Does US fair use require a credit line?
Section 107 does not state an attribution condition. Courts weigh four factors 3.
What must a Canadian outlet mention when relying on the news reporting exception?
The source and, if given in the source, the name of the author, performer, maker or broadcaster 4.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@evidencefamily.com.
Sources
- WIPO Lex: Berne Convention for the Protection of Literary and Artistic Works
- legislation.gov.uk: Copyright, Designs and Patents Act 1988, section 30, Criticism, review, quotation and news reporting
- Cornell Law School LII: 17 U.S. Code § 107, Limitations on exclusive rights, Fair use
- Justice Laws Website: Copyright Act (R.S.C., 1985, c. C-42), section 29.2
- EUR-Lex: Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- Cornell Law School LII: International News Service v. Associated Press, 248 U.S. 215 (1918)
- EUR-Lex: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market
Related
- Press publishers' rights in the EU, France and Germany
How Article 15 of the EU copyright directive gives publishers a two-year right over online uses, and how France and Germany apply it.
- Attribution terms explained
What common attribution phrases signal about where a fact came from, and what published newsroom codes in the US, UK and Germany say about using them.
- Photo credit lines and embedded metadata
What the IPTC Credit Line, Source, Creator and Copyright Notice fields record, how they differ, and what US and UK law says about removing them.
- Wire services and syndication explained
How the big news agencies are owned and governed, how members and clients reuse agency copy, and what published rules say about crediting it.