[LM_NET] HIT: Copyright and Books on Tape

[Jackie Chitwood <jackiechitwood@GMAIL.COM>]

Thank you to everyone for their answers!!

Here is my original question...


   - I have a teacher at my school that wants to record students reading
   books.  She then wants to put the tapes in the library for students to check
   out.  I am thinking this goes against copyright law and would appreciate any
   definite answers you might have.



Responses...


   - This is definitely against the copyright as I understand it.  It is
   not fair use; it changes the format of the original work; it has an impact
   on the marketplace (The author/publisher may be selling their own audio
   book); she's using the whole work and not an acceptable excerpt length;
   placing it for check out puts it outside of the school community.  All of
   these would be factors against its legality.


   - To get an official opinion, consult your district solicitor.


   - I believe that is a violation of copyright.  I know there is more
   out therethan this but this is all I could find
   .http://jeffcoweb.jeffco.k12.co.us/isu/library/copyright.html#Audiovisual


   - This is definitely against copyright law.


   - Yes, this would not be permitted under current law. The reason is
   that a recording of a book is the same, legally, as a photocopy of the
   entire book. The law calls this a "phonorecord." So making that recording is
   the same as photocopying the whole book, and you (and the teacher) probably
   intuitively realize that wouldn't be a fair (free) use. The owner of the
   copyright in the book has the right to create copies and derivative works,
   and this would be both of those.


Jackie Chitwood
Media Specialist
Achieve Language Academy
St Paul, MN
jackiechitwood@gmail.com

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