[free-sklyarov] Topicality

[David Haworth]

On Thu, Sep 13, 2001 at 09:20:29AM -0400, Roger Sperberg wrote:
> 
> Long before there was the capability for computers to read a text aloud to
> you, the audio rights for books were separated out as a revenue source for
> publishers.

The right to publish in any format is a matter for contract
negotiation between publisher and author. That includes digital
format. The existence of versions of the work in audio format
should not and does not have any bearing on whether I can have
the book read to me, either by a human from my own paper edition
or by my computer from the electronic edition if it has that
capability.

The "read aloud" permission is a construct invented by the
publishers (and ebook reader manufacturers) and has
no legal standing in copyright law. Yet it is protected
by laws intended to protect copyrights.

> For many books, the publisher of the printed book doesn't own the oral/audio
> rights and arguably would be violating its contract with the company that
> purchased those publishing rights if the "read-aloud" feature were turned
> on.

The audio versions of books are usually read by actors who can use
voice techniques to bring the book to life. I don't think it's
unreasonable to sell that kind of product separately from the
printed (or even electronic) edition. But I still argue
that it doesn't give the publishers the legal right to deny me
a capability that my electronic system has. Furthermore, if the
publishers started charging a premium for ebooks with the "read aloud"
permission turned on, I think there'd be outrage from blind people.

> Rather than making the blanket claim that the author and publisher should
> forego revenue opportunities, it would further your interest if instead you
> worked to persuade publishers to turn this feature on for the majority of
> books that will never have the audio rights sold.

Like I said, it's nothing to do with audio rights. It's to do with
them being able to disable a feature of my computer, for whatever
reason, and then use the DMCA to prevent me from re-enabling it.

Dave


-- 
David Haworth
Baiersdorf, Germany
david.haworth at altavista.net