[blindlaw] Accessible legislation/law beyond 17 U.S.C. 121

Patrick H. Stiehm stiehm.law at juno.com
Thu Feb 5 13:12:49 UTC 2009


I think that this has been a good discussion.  I have been doing a bit of
research and as a result here is what I have concluded.

Dave, I think you hit the nail on the head.  In my example I purchased
the latest Tom Clancy thriller, so it is my property.  I then cut it up,
run it through my scanner and convert it to a PDF document.  After it's
was in PDF format by using Natural Reader I converted it to a voice
format. I then listened to the book in that recorded 
 format (MP3).  Whether I am sight impaired or not is irrelevant.  Since
it is all for my personal use of something I presumably acquired legally,
I fall under the fair use doctrine, at least in the US.  (I understand
that may not be true under the fair use doctrines of some other
countries, i.e. Australia.)

Everything I did after that in my example is a violation of the copy
right, for all the reasons everyone has been citing in this thread.

Patrick H. Stiehm
Stiehm Law Office
Alexandria, VA 22309
703-360-1089 (Voice)
703-935-8266 (Fax)
  
On Wed, 04 Feb 2009 19:15:10 -0600 David Andrews <dandrews at visi.com>
writes:
> While I am not a lawyer, I have worked in radio 
> reading services, and information access services 
> for nearly 30 years.  It seems to me that your 
> first action, making MP3's would be find under 
> fair use, but giving to others or posting on 
> internet would not be.  If you gave him 
> the  book, you might be able to give him the 
> MP3's but I can't see how putting on Internet, 
> even if not charging would be ok.  You are not a 
> nonprofit serving the blind etc.
> 
> 
> Dave
> 
> At 08:28 AM 2/4/2009, you wrote:
> >A careful reading of 17 U.S.C. § 121, results in the realization of 
> how
> >truly narrow in scope this exception to the copyright protection 
> is.
> >Once you get beyond the question of textbooks i and the other 
> rather
> >limited number of materials the statute covers you have a broader
> >question of copyright infringement.
> >
> >For example, suppose I buy the latest Tom Clancy thriller in 
> paperback,
> >cut it up, run it through my scanner and convert it to a PDF 
> document.
> >After it's in PDF format by use Natural Reader to convert it to a
> >recorded format. I then listened to the book in that recorded 
> format
> >(MP3).  Have I violated the copyright with respect to the Tom 
> Clancy
> >book.
> >
> >Beyond what I have described, assume that after I am done with it I 
> then
> >give the book in this recorded format to a friend to listen to.  Is 
> there
> >a copyright violation at that point.
> >
> >I'm relatively certain that if I start to sell my MP3 files for 
> people to
> >listen to the book I am violating the copyright. What if I simply 
> put it
> >up on the web for people to download and enjoy, without my charging 
> for
> >it.  Is there a violation?
> >
> >Is there anybody on the list that has worked in the copyright area 
> that
> >is comfortable addressing these questions? I think we should all 
> find
> >this of interest.
> >
> >Patrick H. Stiehm
> >Stiehm Law Office
> >Alexandria, VA 22309
> >703-360-1089 (Voice)
> >703-935-8266 (Fax)
> >____________________________________________________________
> >Great for your home and office! Stock up on all your household 
> needs now.
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