[Blindtlk] Explaining why copyright law supports NFB not Authors Guild

David Andrews dandrews at visi.com
Thu Apr 9 02:46:44 UTC 2009


Lorraine,

You are making this more complicated then it needs to be.  The Kindle 
does not have OCR on it, it isn't necessary, as the books are already 
stored in text on the Kindle.  The Kindle has text-to-synthesized 
speech capabilities, which the Author's Guild wants turned off.  To 
me, our reading a book, on the Kindle would be "fair use."  We have 
already paid for it, as you have to do with any Kindle book, and TTS 
is just another way to read it instead of off the screen.

Dave

At 09:33 AM 4/8/2009, you wrote:
>I've been thinking about how best to explain to folks that blind persons
>and others have a right to read through OCR software on the Kindle 2
>without sounding like I'm saying blind persons deserve free stuff just
>because they are blind and, no, we are not taking bread out the mouths
>of authors. As I understand it, the law supports NFB's position. Here's
>what I say...
>
>Blind persons, dyslexic persons, and others who cannot read print,
>currently need and use OCR software to read print they have downloaded
>to their computers.  The Kindle 2 is a computer with already built-in
>OCR software. Non-print readers hunger for the mega-library from which
>one can buy books through Amazon.com (via the Kindle 2 and its one-click
>online shopping feature).  As the protest in New York showed, blind
>readers and others who use OCR software will buy books and a Kindle
>(once it is updated to permit blind access to the controls, which Amazon
>says it will do).  There is no downside to the authors' wallets.
>Actually, they would sell many more books. Arguments from the Authors
>Guild about OCR-read books not being covered "in the contract" which
>authors have with publishers does not hold because the copyright law
>permits "private performance" of print materials.  Once you have bought
>a book, you may read the print yourself or have another read it to you.
>Today this other person may actually be OCR software.  Recorded books
>are a "different" version of a book and are covered by contract.  OCR
>software is the same book through mechanical means. It appears the
>Authors Guild has gotten incorrect advice from its lawyers on how to
>help the best-selling authors, the top 10 percent of whose books get put
>into recorded formats.  The other 90 percent of authors who are lucky to
>have their book sell in print will miss sales they could get if Kindle
>2's OCR was encouraged.   Say...What is that word for the unimaginative
>people who thought smashing newly invented machines would prevent the
>Industrial Revolution?
>
>Cordially,
>
>Lorraine Rovig
>
>
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