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

Dennis Clark dennisgclark at sbcglobal.net
Fri Feb 6 15:37:09 UTC 2009


Hello,
To say that the publishers are allowing Bookshare to disseminate their works 
implies that they could disallow book share to do this.   Copyright holders 
do not have that power.  A copyright holders permission is not needed by 
Bookshare.  The right to deny a nonprofit to create copies of a copyrighted 
work in alternative formats for the blind was eliminated by the Chafee 
amendment.
Regards,
Dennis Clark

----- Original Message ----- 
From: "James Pepper" <b75205 at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Thursday, February 05, 2009 8:08 PM
Subject: Re: [blindlaw]Accessible legislation/law beyond 17 U.S.C. § 121


Look its real simple, the publishers are allowing bookshare to do this, but
in the end they own the content.  They will never relinquish that right and
they should not.  Also this content is provided by most publishers and they
can control the content becasue what happens when you copy it the wrong way,
get the wrong intent.  What is the liability of an institution when they get
something wrong becasue they were not the authors, they were not the
publishers.  It is not the fault of the publisher it is not the fault of the
author.  This is why you can't go around stealing their work.

On Wed, Feb 4, 2009 at 9:36 PM, Mike Freeman <k7uij at panix.com> wrote:

> Yes there is a vilation since you are not a nonprofit or governmental
> organization.
>
> Mike
>
> ----- Original Message -----
> From: "Patrick H. Stiehm" <stiehm.law at juno.com>
> To: <blindlaw at nfbnet.org>
> Cc: <blindlaw at nfbnet.org>
> Sent: Wednesday, February 04, 2009 6:28 AM
>  Subject: Accessible legislation/law beyond 17 U.S.C. § 121
>
>
> 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/PnY6rw4EZkGr993Ddx9QZLRaknpVeDZ35lPaey78xXgekwHfpAZMr/
>
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