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

Fri Feb 6 08:04:15 UTC 2009

No it is not fair use.  The problem here is that the work is a literary work
and so you are violating his copyright.  If it were a technical book you
would be OK, but since the book is probably an audio book, you just stole
his rights and ability to sell you an audio book.  By the way you do not
aquire his rights when you buy the book, he still retains his copyright.  Oh
and those publishers are particularly ruthless when it comes to enforcement
of Tom Clancy books!

James Pepper

On Thu, Feb 5, 2009 at 7:12 AM, Patrick H. Stiehm <stiehm.law at juno.com>wrote:

> 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.
> >
> >http://thirdpartyoffers.juno.com/TGL2141/fc/PnY6rw4EZkGr993Ddx9QZLRaknpV
> eDZ35lPaey78xXgekwHfpAZMr/
> > >
> > >_______________________________________________
> > >blindlaw mailing list
> > >blindlaw at nfbnet.org
> > >http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> > >To unsubscribe, change your list options or get
> > >your account info for blindlaw:
> >
> >http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/dandrews%40vis
> i.com
> > >
> > >
> > >No virus found in this incoming message.
> > >Checked by AVG - http://www.avg.com
> > >Version: 8.0.176 / Virus Database:
> > >270.10.17/1931 - Release Date: 2/2/2009 7:21 PM
> >
> >
> > _______________________________________________
> > blindlaw mailing list
> > blindlaw at nfbnet.org
> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> > To unsubscribe, change your list options or get your account info
> > for blindlaw:
> >
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/stiehm.law%40ju
> no.com
> >
> >
> ____________________________________________________________
> Get a Business Credit Card. Click Here.
>
> http://thirdpartyoffers.juno.com/TGL2141/fc/PnY6rw1eoqIOToH7x2vayl5JzaMBrZ5naGZuxVTxT49wTTJi7MYwX/
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> blindlaw:
>
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/b75205%40gmail.com
>