Asked in Copyright

Q: Is it legal to transcribe audio books into text?

The book was originally published as an audio book, I think a hard copy already exists but am not sure. My employer asked me to transcribe the recording (The essence of success by Earl Nightingale) as she wants to use the transcription as source material to make notes to create a learning programme for a girl foundation she is creating. She is not a registered teacher or coach. I must transcribe and then load the text file onto Dropbox. I am worried about the possible copyright infringement and the distribution element of me handing the text copy to her.

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1 Lawyer Answer
Barbara Berschler
Barbara Berschler
Answered
  • Intellectual Property Lawyer
  • Rockville, MD

A: You are right to be troubled by the request. You would be making a derivative work by creating the transcription of the recorded materials. As you say, there is a hard back of the book and the recording. The author has not given anyone permission to make a transcript of the recording.

While the copyright owner can restrict unauthorized copying of the work (for ex. a book), she cannot prevent someone who reads the book from using the ideas expressed in the book. However, the person would have to express the ideas in their own words.

I gather you feel you have been placed in an awkward position. Your employer needs to find another way to gain access to the recordings ideas without infringing on the author's rights. Maybe she needs to listen to the recording and take her own notes from which she can then develop her independent work. Good luck.

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