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

Sat Feb 7 19:34:11 UTC 2009

Here is the law:
Here is the law:
(a) Notwithstanding the provisions of section 106, it is not an infringement
of copyright for an authorized entity to reproduce or to distribute copies
or phonorecords of a previously published, nondramatic literary work if such
copies or phonorecords are reproduced or distributed in specialized formats
exclusively for use by blind or other persons with disabilities.
(b)
(1) Copies or phonorecords to which this section applies shall—
(A) not be reproduced or distributed in a format other than a specialized
format exclusively for use by blind or other persons with disabilities;
(B) bear a notice that any further reproduction or distribution in a format
other than a specialized format is an infringement; and
(C) include a copyright notice identifying the copyright owner and the date
of the original publication.
(2) The provisions of this subsection shall not apply to standardized,
secure, or norm-referenced tests and related testing material, or to
computer programs, except the portions thereof that are in conventional
human language (including descriptions of pictorial works) and displayed to
users in the ordinary course of using the computer programs.

Thsi only applies to non dramatical works.  Tom Clancy is a dramatic work,
so you either take what the publisher, owner of the content publishes or you
can not read his book.  He does not have to sell you a thing!  And you have
no right to take his work without permission.

James

On Fri, Feb 6, 2009 at 8:27 AM, Patrick H. Stiehm <stiehm.law at juno.com>wrote:

> 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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