An interesting question. My initial impression is that having your device
read your book aloud is no different than having a friend read it to you.
That seems like a fair use of the product that you have purchased.

When one purchases an audio version of the book, one usually receives more
value than simple reading aloud. Well, most of the time. Some paid readers
are pretty damn annoying. But when you get someone like George Guidall
reading, wow, what an addition to the story! Voice characterizations,
accents, execellent inflection, these are all things one generally gets from
an audio version of a book. Machines might be able to get the inflections
right, but it's going to be a while before they're able to add the rest of
these things.

Now to color my initial impressions with Blount's article. First, wow! That
was one of the best written newspaper pices I have read in a long time. It's
almost an essay, though it's been so long since I've read or written one, my
specs on essays are a but rusty.

Blount addresses some of my initial concerns, underscoring that audio
performances of a non-commercial nature by, for example, parents reading bed
time stories are not the target of the Guild. However, there is nothing
preventing the Guild from changing their mind on that point, unless we save
Blount's statement in an unofficial capacity and try to use it as a defense
should the Guild sue such a parent.

Blount indicates that the machine voices closely approach human subtleties
in reading. However, as I pointed out, most audio versions have more than
someone reading you the story, so there is a much better justification for
receiving royalties on them. Plus, even the ones that aren't are
specifically prepared and marketed as audio versions of existing titles. And
this is where I start to agree with Blount.

Blount's strongest point, in my opinion (non-legal opinion, simply personal
opinion, so *this is not legal advice - any of it*), is that Kindle 2 is
being marketed specifically for its ability to read in a pleasing manner.
Thus, the reading aloud is a major selling point, or at least Amazon hopes
it is, and people might be buying the device just for this purpose. I could
see someone not wanting to subscribe to Audible.com for financial reasons
looking at the Kindle 2 and saying, "Hey, you know, the voice actors add a
lot, but I'm saving ten bucks if I only get one Kindle title a month." So,
Audible (or other audio version sellers, even Amazon) loses a sale of an
audio version because of the Kindle 2, and the authors don't get paid ther
royalty. That is what we call damage.

The conclusion I reach in this long-winded post is that Blount actually has
a strong argument. In fact, I partly hope the Guild wins. My reason for
partial hope of success as opposed to full-bore hope of success is that I
don't want the Guild coming after me for having my Mac read me something or
for reading something to a friend or child. Yes, one can assert fair use as
a defense, and the Courts might not take kindly to such a suit, but one
still has to get into a legal battle to assert the defense, and that takes
time and, ahem, money if it goes beyond the threatening letter stage. Thus
begins the slide down the slippery slope.

Again, the contents of this post reflect the poster's *personal opinion* and
*should not be taken as legal advice*.

David Henn

On Wed, Feb 25, 2009 at 7:04 AM, Alicia Henn <[email protected]> wrote:

>
> http://www.nytimes.com/2009/02/25/opinion/25blount.html?th&emc=th
>
> This is an interesting article on the Authors Guild's attempt to get
> authors paid audio rights for Kindle's ability to read aloud. Is it
> really read aloud if it isn't read by a human?
>
> Alicia
>
> >
>


-- 
Dave Henn
[email protected]

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