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Fair Use When Quoting a Radio Program

Posted: Tue Mar 01, 2011 9:27 am
by FondRegards
Hello Everyone
My name is LoraDee, and I am new to Constant Content. I am excited and ready for my first submission, but I am trying to take it slow, checking and double checking for typos, or other errors before submitting my first piece. I have a couple of questions that I hope you would be kind enough to answer.
Regarding quotes: Do radio interviews fall under fair use? Can I quote up to about 40-50 words from a radio interview, without permission? (with attribution of course)
And, I don't know how to set prices. I would love to hear how you folks determine pricing.

Re: Fair Use When Quoting a Radio Program

Posted: Thu Mar 03, 2011 5:16 am
by BarryDavidson
What type of radio show are you trying to use? Fair Use has gotten trickier since the MDCA. I know that you can use a line or two from songs, and when quoting sources, without asking permission, but depending on the context and source you may have to ask for permission. Is that forty to fifty words throughout the whole article, or all at once - and is your article long enough to make that number less than ten percent of the total?

Also, CC wants you to use as much original content as possible. The editor will determine is you've used too much non-original material.

As for setting prices, there are several threads here in the forums about pricing strategies. I set my prices on a dollars per hour basis, keeping in mind CC's cut. Others set their prices on a per word basis. I have made more off my computers and technology articles here than with other subjects, but I don't write for public requests much.

My pricing example: I write a computer article which takes me fifteen to twenty minutes to write. I can get away with setting the usage price at 20.00 because I still make 13.00 for the article. If the article took me fifteen minutes to write then I consider that an average of 52.00 per hour because I usually write computer articles in batches. Some may think I'm crazy, but my best month here averaged 67.00 (mostly full rights sales) per hour actual writing time. That was including the articles which didn't sell. Take a look around the forums. I'm sure you'll find a strategy you're comfortable with. Just don't undervalue yourself. I've seen quite a few new writers price their work at 10.00 to 15.00 (full rights) for 500+ word articles, and that just makes them have to work a lot harder to make any type of real money. I've accepted 10.00 to 15.00 offers for usage rights on articles which have sold multiple times before, but I always take into account how much the articles have previously brought in when making the decision.

Re: Fair Use When Quoting a Radio Program

Posted: Thu Mar 03, 2011 10:08 am
by Celeste Stewart
I would consider paraphrasing most of the material. For example: In his weekly radio show, Dr. X told listeners that being a couch potato was actually healthy. His theory is based on research conducted in the 1950s which he said "reveals the truth about kicking back."

Pricing is tough. I also keep my minimum per hour rate in mind, but I do a blend of per hour/per word. If a topic is easy for me to write and I do it quickly, I'm not necessarily going to price it low since it meets my productivity requirement. After all, my expertise in a subject may make it easy for me, but by discounting the price based on time spent devalues that expertise (if that makes sense). Sure, I'd still make a good hourly wage, but by considering my time, the word count, the topic, and the market, I may be inclined to price it higher. It helps to know your minimum per hour rate and your minimum per word rate. That way you can make sure that you never price below either.

If you're just starting out, try a few different strategies - and keep track of your results. Use a spreadsheet to keep track of word count, time spent, price, hourly rate once the article sells etc... After you have about 20-30 articles tracked, you'll be able to get a better sense of your productivity and current hourly average. Tweak from there.