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The Rights for Data Expand / Collapse
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Posted Wednesday, May 13, 2009 5:53 PM


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Comments posted to this topic are about the item The Rights for Data
Post #716579
Posted Thursday, May 14, 2009 6:02 AM


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By the reasoning presented, you therefore believe that a blind person who has your book (or article) read to them, is thus enjoying "an alternate production" of your work and thus you should be paid there too? Or would you offer a discount because the person cannot actually read your book with their eyes?

This entire 'content debate' has become ridiculous. Do you know that technically, when you go to your local bar or pub and hear a band play someone else's song, they are supposed to be paying royalties for the performance of that song. Guess how many actually pay? Less than 1% because obviously, the concept is ridiculous - we would need an army of 'content police' to be marching into clubs, bars, pubs, weddings, and any such gathering, enforcing royalty payments.

And how about this? Suppose YOU write a book or article that offends ME in some way!!! Can I then sue you for damages because I accidentally read it before I knew it was going to offend me? After all, the 'content' you included was there to make you money, and now that it has caused me huge harm why shouldn't I be able to sue your pants off!!!

Here's our problem plain and simple - for decades now we have invented technology, released it, and then lost all common sense in the bargain. My home state announced a couple weeks ago that there is a "marked rise" in rear-end collisions due to youngsters texting while they are driving. What a great use of technology huh?!?!? People sending non-critical downright stupid messages, while they crash into other drivers - wow, great use of high tech.

Frankly, I think if we graphed it - we would find that good old common sense that used to make this country great, has dropped in direct proportion to these technologies we invent, and then wind up killing people over, whining over, and complicating life over.

And this is "progress"? Yeah, backwards. And since cable companies are now pushing hard to charge for content delivery - well, this internet sure was a great idea wasn't it. Yeah, about as good an idea as the Hindenburg.



There's no such thing as dumb questions, only poorly thought-out answers...
Post #716810
Posted Thursday, May 14, 2009 6:17 AM
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So the authors want me to pay for rights to read a book on a Kindle, and then pay more to have the Kindle read the book to me? That's ridiculous. If I buy a book, I am not going to pay extra to get the audio version. Conversely, if I buy an audio book, I am not going to buy the paper copy. The authors are trying to double dip here.
Post #716817
Posted Thursday, May 14, 2009 6:52 AM
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Universal Design people, Universal Design. The written word should be equally accessible to ALL people. Text to Speech technology is not just for the convenience of fully abled people but has completely revolutionized "reading" for a large population of people with physical and learning disabilities. People who are blind or who have any one of a long list a learning disabilities are finally able to enjoy the written word and folks want to charge those individuals more because the words are being read using technology. It's completely unfair. I would say that if this feature is not available free of charge, they would be opening themselves up to huge law suits under Section 508 of the Disabilities Act.
Post #716870
Posted Thursday, May 14, 2009 7:15 AM
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Text-to-speech is a function of the device and not of the book. There should be no extra charge just because the device has that capability. An audio book is different. There should be a charge for that.

Steve, do you find the Kindle to be worth the cost? I was thinking that for the price, I'd want color. The Kindle II has a battery that is not replaceable. That's a deal breaker for me, I think.
Post #716898
Posted Thursday, May 14, 2009 7:29 AM
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cherylf (5/14/2009)
Universal Design people, Universal Design. The written word should be equally accessible to ALL people. Text to Speech technology is not just for the convenience of fully abled people but has completely revolutionized "reading" for a large population of people with physical and learning disabilities. People who are blind or who have any one of a long list a learning disabilities are finally able to enjoy the written word and folks want to charge those individuals more because the words are being read using technology. It's completely unfair. I would say that if this feature is not available free of charge, they would be opening themselves up to huge law suits under Section 508 of the Disabilities Act.


That seems plausible, though I have no expertise to comment on the law in question.

I happen to agree that in this case, the text-to-speech feature does not violate copyright laws. I think this part of the article stated it best:

Jonathan Zittrain, a professor at Harvard Law School, said he doesn't see how the speech feature violates copyright law if no recorded copy of the book is created. Book publishers often license audio books separately than the text versions.

"The only right really that might be implicated is the so-called public performance," Zittrain said. "But what I want the thing to do is to read to me in the car. I don't see a copy being made so I don't see how this can be Amazon's problem."


What seems to be the danger, though, is that text-to-speech will eventually obviate the need for audiobooks (and the corresponding separate audiobook license revenue). But that is a different problem, sort of like making an electric light bulb in the shape of a candle. It's really about an economic effect of technology and obsolescence.

But as long as people keep getting the recorded/encoded copies of these works via peer-to-peer networks and other avenues of getting around paying the listed price, I bet these lawsuits will continue to happen. It's one thing to read aloud a book you have bought. It is another to play a copy of an audio recording of the text-to-speech obtained from a file-sharing site without paying for the book. For better or worse, the latter activity enables people to get the books for free, which obviously is not in the best interests of the book publishers. So the battles over these contested areas of legal terrain will probably go on for some time to come.

- webrunner



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Post #716916
Posted Thursday, May 14, 2009 7:39 AM
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A couple of comments. First, I believe performing artists do pay royalties on the songs they perform in public. Granted it may not be 100%, but I suspect it is at a far higher rate than you might imagine. I believe the royalties are paid through an annual fee or "membership" to an organization (ASCAP??).

Second, if the "oral" version of a book is created via a text to speech translator, I would view that as an "alternative form" of reading by the end user. Thus, Kindle "reading" the book to me is no different than having my friend or wife read it to me if I am blind.

However, if the "oral" version is created by recording the writer, in their own voice, that is a different issue. In that case, the writer is in fact, also a "performer", and should receive appropriate payment for the "performance of reading" just as an actor that does a voiceover for a cartoon or commercial would be paid.

Perhaps the best solution is for the writer to come to an agreement with the publisher before publication of the book.



Post #716932
Posted Thursday, May 14, 2009 8:07 AM


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IMHO I don't feel that there is a need for or obligation to pay extra if the text is read using text to speech software. You are still using the original article, and the delivery of this article is not what I call nice to listen to. With an audio book the text is spoken by a professional who puts some of his/her own into it. This is a totally other form of hearing the text and that should be separately paid.
Post #716981
Posted Thursday, May 14, 2009 8:28 AM


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Question, why is it called "Common Sense" when it appears to be so uncommon today?



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Post #717011
Posted Thursday, May 14, 2009 9:27 AM


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bob.willsie (5/14/2009)
...

Second, if the "oral" version of a book is created via a text to speech translator, I would view that as an "alternative form" of reading by the end user. Thus, Kindle "reading" the book to me is no different than having my friend or wife read it to me if I am blind.

However, if the "oral" version is created by recording the writer, in their own voice, that is a different issue. In that case, the writer is in fact, also a "performer", and should receive appropriate payment for the "performance of reading" just as an actor that does a voiceover for a cartoon or commercial would be paid.

Perhaps the best solution is for the writer to come to an agreement with the publisher before publication of the book.


In this case, that would make the Kindle the "performer" since it is doing the reading. If a book publisher expects to be compensated for both the written and read versions, shouldn't they also be responsible for compensating both the author that wrote the material AND the Kindle for its text-to-speech "performance"?



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