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

Fri Feb 6 14:27:01 UTC 2009

Mr. Pepper,

I respectfully disagree.  What I have described vis-a-vis the Tom Clancy
book is really just format shifting of an item that I own, i.e., the
book.  (I agree Tom Clancy or whoever continues to own the copyright.)  
However, format-shifting - that is, taking content you own in one format
and putting it into another format, for personal, use, is considered fair
use.  I base this on 1984 Betamax decision and the 1999 Rio MP3 player
decision (RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ.
1999).

Patrick H. Stiehm
Stiehm Law Office
Alexandria, VA 22309
703-360-1089 (Voice)
703-935-8266 (Fax)

On Fri, 6 Feb 2009 02:04:15 -0600 James Pepper <b75205 at gmail.com> writes:
> 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)
> > > >____________________________________________________________
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> > > needs now.
> > >
> > 
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