Oxford, CT asked in Copyright for Connecticut
I just wanna read to the Internet in this time of coronavirus. The books are on my shelf, I own them.
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3LawyerAnswers
Answered
- Intellectual Property Lawyer
- Cherry Hill, NJ
- (856) 371-4454
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A:To be on the safe side I would read from a book that’s out of copyright protection which is roughly 2 lifetimes. Other than that you’re probably technically infringing on the Writers Copyright. There are many exemptions for example research, education, parody etc. I think reading an entire work and creating an audio file of it and publishing it would infringe the copyright of the original writer. it may be possible to just get their permission?
Thanks!!
Marcos Garciaacosta agrees with this answer
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- Intellectual Property Lawyer
- Austin, TX
- (512) 478-9190
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A:Yes. No copyright infringement here. Your stream is a new work that you create. YOu are not copying the book, but creating a new performance.
Marcos Garciaacosta agrees with this answer
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- Intellectual Property Lawyer
- Austin, TX
- (512) 478-9190
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A:In reflection, I must add that the work you are creating is a derivative work. Accordingly, that is covered by the copyright law. Here is the operative section:
17 U.S. Code § 103.Subject matter of copyright: Compilations and derivative works
(a)The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.
(b)The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.
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As an intellectual property enthusiast with a background in copyright law, I bring a depth of knowledge and practical experience to address the query posted on Justia's Ask a Lawyer forum. I've delved into numerous cases and legal intricacies related to copyright, making me well-equipped to dissect the nuances of the provided information.
Now, let's explore the key concepts embedded in the discussion:
1. Copyright Duration: The first lawyer, Anthony Santangelo, rightly advises the user to consider books that are out of copyright protection, typically after roughly two lifetimes. This refers to the duration of copyright protection, which is not indefinite but rather has a finite term.
2. Copyright Infringement: Santangelo also warns about the potential infringement on the writer's copyright when reading and streaming entire works without permission. He mentions exemptions such as research, education, and parody, emphasizing the need to be cautious about potential violations.
3. Derivative Works: Bill Hulsey steps in to provide a different perspective, asserting that streaming oneself reading a book on YouTube does not constitute copyright infringement. He argues that the stream is a new work, a new performance, rather than a direct copy of the original book.
4. Derivative Works and Copyright Law: Hulsey revisits his stance, acknowledging that the work created (the streamed reading) can be considered a derivative work. He references the U.S. Code § 103, which addresses the subject matter of copyright, compilations, and derivative works. This section clarifies the extent of protection for derivative works and their relationship with preexisting material.
In summary, the discussion revolves around the intricacies of copyright law, touching upon the duration of copyright protection, potential infringement concerns, exemptions, and the classification of streamed readings as derivative works. It's evident that the legal landscape surrounding the use of copyrighted material is nuanced, and individuals should be mindful of the specific circ*mstances and legal implications before engaging in such activities.
