New York, NY asked in Copyright and Intellectual Property for New York

Q: Do I need permission from a publisher or author to create an Audio Book from a book that is currently out to the public?

There is a book that has been out for over 10 years that I would like to create an audio book of and sell the audio book do I need permission from author and/or publisher to do this?

I am wondering if this works like the music industry in that the rights of the book is retained by the author and publisher but the newly made sound recording would be owned by the producer or recording company...

To create an already released song for example a musician does not have to ask permission to record and sell a song that is already out to the public. The copyright of the work is retained by the writer and publisher and credit given on the album but the sound recording would be a new work owned by whoever recorded it...?

1 Lawyer Answer
Morgen Bowers
Morgen Bowers
Answered
  • Intellectual Property Lawyer
  • Chatham, NY
  • Licensed in New York

A: Yes. Unless the book is in the public domain (meaning it is no longer subject to copyright protection), you need permission to make a derivative work such as an audio book. The contract between the author and the publisher determines from whom you need the permission.

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