The Legalities of Creating Audiobooks: Navigating Copyright and Fair Use
Creating audiobooks is a growing trend, but what if you wish to read any novel you desire? Not all books are in the clear, and legal considerations play a critical role in this process. Whether you are looking to dive into classic literature or contemporary bestsellers, it is essential to understand the copyright laws that govern the use of literary works in audiobooks.
Public Domain and 19th Century Novels
Books written in the 19th century and those whose copyright has expired are often available for public use. According to the Copyright Act 1957, the term of copyright for literary works is sixty years from the beginning of the calendar year following the author's death. This means that if the author passed away in 1950, his or her works would fall into the public domain in 2010, and you are free to create audiobooks from them.
For example, if a book was published in 1860, the copyright would have expired in 1920, and the work would now be in the public domain. This poses significant opportunities for podcasters and audiobook creators. However, it's important to verify the author's death date through primary sources such as the author's detailed biography or official records.
Current Copyright Protection and Fair Use
Not all books fall into the public domain, and this can be a challenge for companies and individuals looking to create audiobooks from popular or relatively recent works. As of the December 31, 2019, release of the public domain list, numerous works, including Pride and Prejudice by Jane Austen and Moby Dick by Herman Melville, entered the public domain.
It is true that creating an audiobook can violate copyright laws. If you are creating an audiobook that involves a book with an active copyright, you need to be aware that Section 14a(iii) of the Copyright Act 1957 prohibits unauthorized public performance of copyrighted works. Infringement of copyright can result in significant legal issues and potential lawsuits.
Loading Other Sources and Fair Use Provisions
Copyright laws are not absolute. While you cannot directly copy a work and make a profit, you can make use of a work for educational, critical, or transformative purposes under fair use provisions. Fair use allows for the use of copyrighted material without permission under certain conditions, such as quotation or commentary.
To use a book's content in a fair use scenario, you should consider whether your audiobook is transformative, whether the portion you use is substantial, and whether you are using the work for a different, non-commercial purpose. Proper attribution and acknowledgment of the source are also crucial. If you are critiquing or discussing the work, fair use may apply, but commercial use of the work without permission will likely still lead to legal complications.
Personal and Non-Commercial Use
It is possible to create audiobooks for personal or non-commercial use without infringing on copyright. You do not need to read a book to start an audiobook channel. You can share stories, life experiences, or create critiques and discussions of books without worrying about copyright issues.
However, if you are planning to sell or distribute your audiobook commercially, you will need to obtain permission from the copyright holder. This is especially true if you use someone else's work. For instance, if you created an audiobook from a novel not written by you, or one sold to a publishing studio, you need a license. If you write and record your stories, that's fine, but selling a recording of someone else's work without their permission is a violation of copyright.
It's also worth noting that sharing stories that you have recorded and distributed yourself, similar to the practice of a grandfather recording and sharing stories with his grandchildren, is non-infringing. However, attempting to sell these recordings commercially would likely lead to legal issues. Engage in such activities only if you intend them to be personal and not for public sale.