1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

Is publishing a recorded book reading legal?

Discussion in 'Legal Issues' started by JEET, Feb 8, 2022.

  1. #1
    The book is not written by me.
    I do a reading of the complete book and record the audio.

    Can I sell this recording? Or give it away free?

    Can the author sue me or something?
    I am not selling the book itself, just the recording I myself made.

    Thanks
     
    JEET, Feb 8, 2022 IP
  2. sarahk

    sarahk iTamer Staff

    Messages:
    28,560
    Likes Received:
    4,471
    Best Answers:
    123
    Trophy Points:
    665
    #2
    Yes, the author can sue, the text will have copyright protection.

    So the question is if the author (or more realistically the publisher) WILL sue. That will depend on the publisher, the age of the book, how popular the book is, and how much revenue they think you will earn from the book.

    Let's say the book is published by a NZ company and you're in India. You'll probably get away with some scary legal letters unless the book is a major hit (eg The Luminaries) or you're earning loads.
    But US versus India - expect proper legal action with real-world consequences
    India versus India - much simpler to pursue because it's only one legal system at play
     
    sarahk, Feb 8, 2022 IP
    jrbiz and JEET like this.
  3. JEET

    JEET Notable Member

    Messages:
    3,830
    Likes Received:
    502
    Best Answers:
    19
    Trophy Points:
    265
    #3
    JEET, Feb 8, 2022 IP
  4. Ellenbuswell

    Ellenbuswell Peon

    Messages:
    4
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    3
    #4
    Yes, even if without the protection, I guess it's not a problem
     
    Ellenbuswell, Mar 29, 2022 IP
    JEET likes this.
  5. aurorazero

    aurorazero Active Member

    Messages:
    34
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    53
    #5
    Publishing anything you have not written yourself, or bought the rights to, can end badly. The recording you made could be sold IF the author of the book and the reader signed documents giving you rights to sell it. Otherwise the answer is no and if you do so could end badly for you.
     
    aurorazero, Mar 29, 2022 IP
    JEET and jrbiz like this.
  6. mmerlinn

    mmerlinn Prominent Member

    Messages:
    3,197
    Likes Received:
    818
    Best Answers:
    7
    Trophy Points:
    320
    #6
    It could depend on whether the book has a valid copyright or not. If the books are in public domain, you can basically do whatever you want without worrying about legal issues.

    For example, the KJV Bible has no copyright, while the NIV Bible has a copyright. You can sell recordings of the former without fear of legal action, while the only way to sell recordings of the latter is with explicit permission of the copyright owner.
     
    Last edited: Mar 29, 2022
    mmerlinn, Mar 29, 2022 IP
    JEET, jrbiz and aurorazero like this.
  7. jrbiz

    jrbiz Acclaimed Member

    Messages:
    6,047
    Likes Received:
    2,616
    Best Answers:
    2
    Trophy Points:
    570
    #7
    One more thing to add: it may not be so hard, for some books, to get permission to read and sell your recording of it. Especially for older, less popular books, they might benefit from renewed interest in the actual book that may be caused by you recording it. Don't expect permission from JK Rowling, of course. ;)
     
    jrbiz, Mar 30, 2022 IP
    JEET and mmerlinn like this.
  8. JEET

    JEET Notable Member

    Messages:
    3,830
    Likes Received:
    502
    Best Answers:
    19
    Trophy Points:
    265
    #8
    Thanks to everyone for the help in this matter.
     
    JEET, Apr 25, 2022 IP
  9. jrbiz

    jrbiz Acclaimed Member

    Messages:
    6,047
    Likes Received:
    2,616
    Best Answers:
    2
    Trophy Points:
    570
    #9
    Another option, btw, would be to get permission from an author by agreeing to pay the author a small royalty on every sale you make. Might not be a huge cost. And if you could get the author to help you promote it with a testimonial, etc., it could be an interesting angle.
     
    jrbiz, Apr 25, 2022 IP
    JEET likes this.
  10. Spartan14

    Spartan14 Well-Known Member

    Messages:
    1,028
    Likes Received:
    100
    Best Answers:
    1
    Trophy Points:
    113
    #10
    Yes its copyright and author can read the book and recognize his content and has the right to sue you .You can try to credit the author or contact him maybe he gives you permision to publish it
     
    Spartan14, Apr 26, 2022 IP
    JEET likes this.
  11. JEET

    JEET Notable Member

    Messages:
    3,830
    Likes Received:
    502
    Best Answers:
    19
    Trophy Points:
    265
    #11
    @jrbiz I thought about that, but with thousands of authors it will be very difficult to find good ones with good interesting books. Initially I was thinking about using the books I liked, ones I have already read. However, most of those are from very good writers, who may or may not have their own deals with audio publishers.
     
    JEET, Apr 26, 2022 IP
    jrbiz likes this.
  12. Harvey Wolf

    Harvey Wolf Member

    Messages:
    124
    Likes Received:
    22
    Best Answers:
    0
    Trophy Points:
    33
    #12
    Hi Jeet, one question did you sign an agreement with the author/publisher? If so, I am sure what you can and cannot do with the what you are working on would be listed in there. If ever in doubt would ask for their permission first and foremost, if you are putting in the work and they are ok with it fine, but permission would be needed beforehand I would have thought.
     
    Harvey Wolf, Apr 26, 2022 IP
    JEET likes this.
  13. JEET

    JEET Notable Member

    Messages:
    3,830
    Likes Received:
    502
    Best Answers:
    19
    Trophy Points:
    265
    #13
    @Harvey Wolf
    no I don't have a contract with the author or publishers. This was kind of a fun thing I wanted to do in my free time...
     
    JEET, Apr 26, 2022 IP
    Harvey Wolf likes this.
  14. Gamerseo

    Gamerseo Member

    Messages:
    198
    Likes Received:
    7
    Best Answers:
    0
    Trophy Points:
    33
    #14
    If you don't have permission from the creator then you will definitely have problems.
     
    Gamerseo, Apr 27, 2022 IP
  15. Harvey Wolf

    Harvey Wolf Member

    Messages:
    124
    Likes Received:
    22
    Best Answers:
    0
    Trophy Points:
    33
    #15
    Hey Jeet,
    Appreciate you replying. Firstly being a fun thing I can totally understand, we all need some fun, otherwise we would all go cuckoo :)

    That said, I think it is always prudent to be safe rather than sorry, the worse thing is you start on good terms only to end up wishing you had never met each other! A little extreme I know, but think it's always best to have some sort of written agreement in place that way both parties know exactly where they stand before any commitments are made.

    In either case, hope you find a happy medium. All the best.
     
    Harvey Wolf, Apr 27, 2022 IP
    JEET likes this.
  16. JEET

    JEET Notable Member

    Messages:
    3,830
    Likes Received:
    502
    Best Answers:
    19
    Trophy Points:
    265
    #16
    @Harvey Wolf
    Thanks, I'm kind of dropping the idea for now.
     
    JEET, May 2, 2022 IP
    Harvey Wolf likes this.
  17. Grace Saunders

    Grace Saunders Peon

    Messages:
    24
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    3
    #17
    Yes, I agree with the others it's copyright. You need permission from the owners of the copyright who will own the Intellectual Property unless it is in the Public Domain. Even then there can be issues. Probably best to make up your own stories and not copy an existing one. AI is an interesting development causing all sorts of trouble at the moment with writers on strike. However AI will write a story for you. I've been dabbling with this with some interesting and good results. AI can also make some really good artwork. You should experiment with it.
     
    Grace Saunders, Jun 27, 2024 IP
  18. choumalion2

    choumalion2 Peon

    Messages:
    1
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    1
    #18
    Recording and distributing an audio version of a book, whether for sale or for free, typically infringes on the copyright held by the book's author or publisher. This is because you are creating and distributing a derivative work, which is covered under copyright law. The author or publisher could indeed take legal action against you for doing this without permission.

    Here are some key points to consider:

    1. **Copyright Infringement**: By recording and distributing the book without permission, you're likely violating copyright law, which can result in legal consequences.

    2. **Fair Use**: In some jurisdictions, there are exceptions under "fair use" or "fair dealing" provisions, but these are usually limited to certain types of uses (such as criticism, comment, news reporting, teaching, scholarship, or research) and typically do not cover the distribution of entire works.

    3. **Public Domain**: If the book is in the public domain (meaning the copyright has expired), you are free to record and distribute it without needing permission.

    4. **Licensing**: To legally distribute your recording, you would need to obtain a license from the copyright holder.

    To avoid any legal issues, you should consider:

    - **Contacting the Publisher**: Reach out to the publisher or the author to seek permission or a licensing agreement.
    - **Public Domain Works**: Focus on books that are in the public domain.
    - **Creative Commons Licenses**: Some authors release their works under Creative Commons licenses, which may allow for recording and distribution with certain conditions.

    It's advisable to consult with a legal professional specializing in intellectual property law to get specific advice tailored to your situation.
     
    choumalion2, Jun 27, 2024 IP
  19. ER70

    ER70 Peon

    Messages:
    2
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    1
    #19
    You should ask a lawyer but I would suggest looking into the concept of "derivative work"

    Was the original work copryrighted?
     
    ER70, Jun 27, 2024 IP