Yesterday’s post, “Optimize iTunes import settings for audio book CDs,” addressed the technical aspects of importing audiobooks from CD to digital formats. Today we’ll briefly address some of the copyright and licensing issues which are raised by this importing / encoding / ripping process for audiobooks.
It’s important to be aware copyright / intellectual property issues are relevant when it comes to importing copyrighted audiobooks. While I’ve never heard of someone getting in trouble for importing an audiobook they purchased on CD into digital format with iTunes, the propriety of encoding / importing / ripping audiobooks which you check out of the library is potentially more contentious. Again, I’ve never read or heard of someone getting in trouble for this, but if we read the fine print (of an agreement your local library probably has on file somewhere) I’d bet it says something about digital copies of audiobooks not being authorized by the publisher / copyright holder. If you do import AAC or mp3 versions of library audiobooks to listen to on your own mobile audio player, and especially if you do this with your own children or students, consider DELETING the imported audiobook after you finish listening to it. Technically speaking, in most cases for copyrighted audiobooks, by checking one out of the library you have obtained a limited license to listen to it. You haven’t purchased it or obtained a license to keep your own copy of it forever, listening to it as long as you want. Situations like this are tricky because it’s so EASY to make digital copies. These are good conversations to have with your students as well as your own children.
Just because it’s EASY to do, it’s not necessarily LEGAL.
Overdrive is one company used by some libraries for digital audiobook downloads, and the following paragraph about copyright from Overdrive confirms my recommendations above:
For Content downloaded from a library service, at the end of the lending period, your license to the Content terminates, and you may no longer use or access the Content. At the end of the lending period, you are required to delete and/or destroy any and all copies of the Content. In the event OverDrive, the library or other rights holders determines you are violating permitted uses of the Content, we reserve the right to suspend or terminate your ability to use or access an OverDrive service or the Content.
This guidance on copyrighted materials can apply equally to audiobooks you checkout from a library on CD and then convert to a digital format yourself. Your “use license” for those materials is limited, not unlimited, so you should delete those files after you finish listening to them.
From a legal perspective, it is my understanding that the terms of the DMCA (Digital Millennium Copyright Act) prohibit ANY conversion of copyrighted materials to another format. This means if you buy an audiobook on CD or a movie on DVD, in the United States it’s technically illegal to use a program like iTunes (for audio) or Handbrake (for video) to convert those media files into other formats friendly for use on an iOS device or other portable media player. The reason these provisions of the DMCA are present can be traced back to who wrote and lobbied Congress for the DMCA: Big corporate music labels, Hollywood publishers and other media conglomerates. In their ideal world (which legally exists now in the United States) all consumers (educators, students, or other people) are required to PAY for NEW digital versions of intellectual property, EVEN when the same consumer has ALREADY paid for one version. We may not agree with this, but that’s how the law reads now in the United States.
If your organization is looking to convert older VHS or cassette tape media into digital formats, make sure you consult a lawyer about these issues before proceeding with a digitization project. In some cases if you maintain physical ownership of the original media files and restrict digital distribution of encoded media to the same quantity/quantities (only one user can simultaneously view a digitized copy of a copyrighted media file when only one copy is owned / licensed) then your lawyer may deem those limitations adequate to constitute a viable defense if your digitization initiative is ever challenged legally. If you ask media companies and publishers about this, however, I’m betting their answer will be to purchase NEW digital licenses for all your content.
Have you or your organization had experiences with media content digitization? Do you have recommendations for others embarking on or contemplating similar initiatives?
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On this day..
- Visual Notes from Steven Anderson & Kyle Pace's ISTE Session for Administrators - 2013
- Open Educational Resources: Share, Remix, Learn #iste11 - 2011
- A great day of conversations at EduBloggerCon09 - 2009
- Leveraging social media tools for social change - 2009
- Wish a particular tool existed? Learn how to get it made! We'll design a tool together - 2009
- EduBloggerCon: Web 2.0 Smackdown - 2009
- A light table, sand, music, tragic history and a phenomenal artist - 2009
- Director of Technology and Education Outreach: Oklahoma Heritage Association! - 2008
- Nuggets from NECC (2) - 2007
- From "Hand it In" to "Publish it": Re-envisioning our Classrooms by Will Richardson - 2007