“If you think about it that way, it’s going to be exclusive in almost all instances,” says Mikaela. For example, theoretically, Harper Collins Publishing wouldn’t want Penguin Random House Publishing Company to publish the same audiobook at the same time. In the publishing industry, non-exclusive rights deals rarely happen, as, in most cases, publishers don’t want to compete with one another for the same title. And those rights can be defined by a scope that controls how long they can use it for, where they can use it, and for what purposes they can use it. For instance, CNN and MSNBC may both have the right to use the same image. These rights are not used often in audiobooks, but are more common in the use of photography and imaging, allows multiple people to use photos simultaneously. Non-exclusive rights, on the other hand, allow multiple people to use the work simultaneously. That author can give out exclusive licences to other 3rd parties to grant them the ability to reproduce and distribute, which is more thoroughly explained in an upcoming section. In most situations, the exclusive rights reside with the original author. Exclusive rights most commonly reside with a single person or entity. It covers distributing the literary work in the US, in other countries, over the internet, and more. ‘Exclusive rights’ cover the right to reproduce literary work in various formats, whether the copies are in digital, paper, and/or audio formats, as well as distribution rights (which are separate from the right to make copies). “Authors own the exclusive right to creative derivative works, and they can transfer that right to others by an “assignment” or a “license.” Within the “license” umbrella, the author can either grant an exclusive license or a non-exclusive license,” Mikaela explains.Įxclusive and non-exclusive rights, assignments, and licences are outlined in more detail in the upcoming sections! Exclusive Rights This is the right that publishers or producers will need to obtain before moving forward on producing an audiobook of a preexisting literary work. Derivative work is defined as ‘work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted.’ Most important to the audiobook industry, is the right to create derivative work. It will cover a breakdown of the kinds of rights involved in producing an audiobook, and will equip you with enough understanding to get you started on the road to legally pursuing your audiobook creation.Ĭopyright Law 101 with an Emphasis on Audiobooks The Right to Create Derivative Work Whether you’re an author looking to produce your own audiobook, an independent producer aspiring to break ground in the audiobook production space, or an indie-publisher intrigued by the audiobook industry, this copyright law post is for you. But people can get carried away with their interpretation of that information, which can be more dangerous It’s a blessing and a curse, with the internet, that we can get so much information. It protects creative works of expression – including literary work in all of its formats (including audio!).Ĭopyright attorney Mikaela Gross from Cowan, DeBaets, Abrahams & Sheppard law firm in New York answered our copyright law questions and in turn, we’re sharing those insights with you. However, if you’re looking to produce an audiobook, understanding the basics of copyright law, including who you need to contact, is essential.Ĭopyright law heavily impacts the audiobook industry. Now I’m just trying to figure out how to change my Alexa’s voice to Sebastian York’s so he can tell me about the weather.To many, copyright law can seem daunting. More importantly, listening to this while shopping at the grocery store made me feel like I was getting away with something that wasn’t food. I generally like to see myself as someone who enjoys high literature – you know the really heady, existential, meandering stuff – so I was pleasantly engaged by the depth and tension of this story. I don’t know why I’m surprised, maybe because when I think of romance titles I think of Fabio on a rollercoaster getting hit in the face by a bird. This was my first ever romance book – depending how strictly you define romance (does Lady Chatterley’s Lover count?) – and it was, shall we say, very surprising! To be perfectly frank, I went into it for the smut, and to hear Sebastian York’s buttery voice, but I became immediately enraptured with the characters. Marriage Games: Smut that elevates the form
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