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

Sat Feb 7 19:53:48 UTC 2009

Dramatic means plays, not fiction.

On 2/7/09, James Pepper <b75205 at gmail.com> wrote:
> 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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>> > > > >
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>> > > >
>> > > >
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