From the desk of Betta Book Publishing
Amazon has recently launched its updated version of Kindle, an electronic reading device that allows people to download a digital version of books. Different from its predecessor, Kindle 2 now features a text-to-speech function, for those who prefer to have the text read aloud by the device.
Fans of the Kindle may rave about the innovative feature; however, The Authors Guild feels it is illegal as it may infringe upon copyright laws. A Rochester-based publisher and attorney weigh in on the controversy.
Kelly Sabetta, founder and president of Betta Book Publishing, is concerned about the Kindle 2 feature and how it may affect authors.
“Authors, especially first-time authors, are already overwhelmed by learning about the many aspects of the publishing process,” Sabetta said. “I’m afraid this new feature may add to their apprehensions about copyright laws and using Amazon services.”
She feels that the advancements in e-book devices show technological progression, however, it takes away from the actual act and experience of reading a book.
“It will also create legal issues,” Sabetta said, “that can become messy for authors, publishers, and attorneys.”
Tracy Jong, patent and trademark attorney of Jong & Associates, addresses the issue it may cause. “The legal controversy surrounds whether text-to-speech amounts to reading a book out loud. That is an audio right, a derivative work protected under copyright law,” Jong said.
Although it may cause a rise in legal challenges, Jong is optimistic about the evolution of technology, including the Kindle 2. Even though print publications are on the decline, she sees it as an opportunity for the industry to reinvent itself.
Jong compares the Kindle 2 controversy with the debate that existed for musical artists and downloadable digital music. She believes it will evolve in the coming years for literary works.
“Authors who carefully position themselves with this new technology have a new way to actually get ‘books’ out and have people read them,” Jong said. “Companies that offer fair royalties and protect the authors will get the best content and stand out from the crowd.”
Similar to Sabetta, Jong shares her concern that the rights of the author are protected, and that everyone shares in the revenue stream from e-book distribution.
“If an author has a new book contract, s/he should negotiate e-book rights,” Jong said. “Publishers certainly could contractually prohibit Amazon from adding audio functionality to its e-books without authorization.”
Sabetta agrees.
“It is imperative that the author and publisher engage in conversation about copyrights and agreements and work together to find what is best for the author,” Sabetta said.
“Just as we did when movies began release on home video, the industry will need to find a legal balance for all of the participants as technology progresses,” Jong said. “This evolution will carefully be followed and debated by the legal community representing the various interests of writers, retailers, and publishers.”