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

Sun Feb 8 00:13:39 UTC 2009

So, should I become a lawyer???!!! At 07:12 AM 2/5/2009, you 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 me to be one.


David


>My Father always wanted
>  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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