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

Angie Matney angie at mpmail.net
Fri Feb 6 20:55:45 UTC 2009


It seems to me that Sec. 107 would permit the reproduction of the book in mp3 format for the personal use of the owner:

§107.   Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, 
news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall 
include 
(1)	the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2)	the nature of the copyrighted work;
(3)	the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4)	the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

True--you're not contemplating using the book for an educational purpose. But assuming you aren't distributing the resulting mp3, there's absolutely no effect on the market, and I believe you could make a good case that the purpose and character 
of the use (making the book accessible) is something that should be supported by public policy.

Angie









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