On Wed, Feb 25, 2009 at 12:36 PM, SteveC <[email protected]> wrote: > > On Feb 25, 11:12 am, Dana Paxson <[email protected]> wrote: > > I'd like to insert a question in this great thread: What about the > > obvious direct utility of text-to-speech for the visually-impaired, not > > even considering the marketing or the quality of the presentation? As > > an author I'd like to realize gain from such presentations from my work, > > and it seems that Amazon's Kindle steps all over that. > > All my book contracts have had clauses that allow license of the work > to the handicapped. That includes large print, Braille, and other > forms. The question then becomes whether this use is an already- > licenced adaptation for the visually handicapped or a form of audio > book, for which a separate license is required. > > I doubt that this can be settled without a count intervening. > > As Steve indicates, and Blount stated, many, if not most, publishing contracts grant free use of the work to allow the visually impaired to experience the work. But maybe this charity is outlived? Steve poses an interesting question as to the nature of an audio edition prepared for the visually handicapped. However, the terms of the license grants I've seen at least stronlgy sugggest that such an audio edition would be restricted to distribution to the visually impaired. Once it's in the hands of a visually impaired person, the first sale doctrine might or might not apply. I mean, if there was no actual sale, it begs the question of whether the first sale doctrine could apply. -- Dave Henn [email protected]
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