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

Fri Feb 6 11:14:37 UTC 2009

Good morning,

What if, as a blind individual, I do not wish to listen to the audio  
book that the publisher provides, but wish to read the text using the  
same voice and technology that I use for reading so many other texts  
that I come across.  Should I have to listen to the publisher's audio  
interpretation of the text, or shouldn't I have the right to access  
the text in the same way that I access all other texts?

To me, there is a big difference in listening to a audio book,  
recorded with a human voice, than listening to a synthesized voice  
read the text, sometimes I prefer one, and sometimes the other.  As a  
blind individual shouldn't I have the right to access the text of a  
printed book, without having to purchase the audio version?  Or,  
perhaps I purchase the book in print, allow a family member to read  
it, then cut it apart so that I can read it using a computer.   
Shouldn't I be able to share a text this way, or does my family need  
to purchase two copies, one print, and one audio?

Thanks,
Everett

On 6-Feb-09, at 4:04 AM, James Pepper wrote:

> 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.
>>>
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>> eDZ35lPaey78xXgekwHfpAZMr/
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