Q: Can I sell create and sell an audio book of a recently published book under the fair use of Copyright Act.
I sell my own original works on TeachersPayTeachers.com that teachers from all states buy (but I currently live in California).
My questions are the following:
1. Books on the current middle school grade level reading lists are published within the last 5 years or so. Am I allowed to create an audio book for these recently released written titles under the Fair Use Copyright guidelines if I do not charge any fee since it is for educational purposes?
2. Since it is educational purposes, am I allowed to charge a fee as part of my time spent creating the audiobook itself?
Thank you for your time.
A: What you are describing is clearly copyright infringement, and your proposed fair use defense would not fly. The author has a pretty far-reaching right to control and profit from clearly derivative works like a recording of their writings. The law governing this is the same throughout the US. You should ask for written permission from the author (or copyright holder) before doing this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.