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Subject:
Is it illegal to sell self published audio recordings of a public domain book
Category: Business and Money > Small Businesses Asked by: morkalg-ga List Price: $5.00 |
Posted:
30 Jun 2005 15:01 PDT
Expires: 30 Jun 2005 19:26 PDT Question ID: 538862 |
I have been asked to read childrens stories at a local event and am planning to read from the following: http://www.sacred-texts.com/neu/ice/coo/ This text is supposedly in the public domain and is being sold as a text file with other public domain books on a CD from the above website. My question is, is it legal for me to record my readings of the stories with full credit given to the author and title, then sell my CD's? If the book is already in the public domain would I not then only be selling my effort to read it and duplicate it? Thanks, Rob |
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There is no answer at this time. |
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Subject:
Re: Is it illegal to sell self published audio recordings of a public domain book
From: ipfan-ga on 30 Jun 2005 15:15 PDT |
If it is truly in the public domain, then yes, you may lawfully record yourself reading the text and sell the CD's. Please make sure that it is literally you that makes the recording and not someone else, because as odd as it sounds the person making the sound recording (the person operating the device which physically places the sounds down on the recording media) will own the copyright in the resulting sound recording (to the extent it is copyrightable--see below). Are you really sure these works are in the public domain? That's a pretty tricky determination sometimes. Also, remember that if the works truly are in the public domain, you will have a very difficult time enforcing a copyright in the recording since you cannot "resurrect" a copyright in an underlying public domain work by recording it anew, except to the extent you add new independent creative content. Thus, if you sell one CD and that one person copies it 500 times and sells them, what are you going to do? |
Subject:
Re: Is it illegal to sell self published audio recordings of a public domain book
From: ipfan-ga on 30 Jun 2005 15:17 PDT |
My first paragraph assumes that the "recording engineer" is not your employee. If he or she is truly an employee, the employer will own the copyright. If not an employee, either you yourself needs to do it or you need to get a written assignment from the recording engineer. |
Subject:
Re: Is it illegal to sell self published audio recordings of a public domain boo
From: cynthia-ga on 30 Jun 2005 15:27 PDT |
Ipfan is correct. Yes, if it is in the Public Domain, you may repackage it any way you like, and sell it. I would be more concerned with confirming and documenting that this story is, in fact, in the public domain. This might come in handy: WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN http://www.unc.edu/~unclng/public-d.htm ~~Cynthia |
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