Legal Question in Intellectual Property in California

Recording Books

I am starting a small local home-based business whereby I record books/material(s) on tape/cd for children and adults with learning disabilities. Do I need releases/permission form publishers or authors? If so, how do I obtain them before I start my business?

Asked on 7/16/02, 1:13 pm

4 Answers from Attorneys

Jeff Lambert Attorney at Law

Re: Recording Books

You need a release or license from the copyright holder,which may be the publisher the author or both. Contacting the publisher would probably be the best place to start.

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Answered on 7/16/02, 1:23 pm

Re: Recording Books

Yes, you do need to get licenses from the copyright owner.

D. Alexander Floum is an experienced intellectual property and e-commerce attorney. Alex teaches intellectual property law to practicing lawyers and law school students.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 7/16/02, 1:48 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Recording Books

Yes, you need permission. If you need help contact me directly!!

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Answered on 7/16/02, 2:24 pm
Howard Leib Howard D. Leib, Esq.

Re: Recording Books

Before you can make use of anyone else's copyrighted work, you will need to obtain their permission. You can avoid this problem by only recording public domain materials (that means works on which the copyright has expired). In this case, it sounds like you will need a license from the rights holder. You can find out who the rights holder is by looking in the inicia in the front of the book you wish to record. Usually all the copyright information is there. Most major publishers have a rights clearing office. These offices usually deal with licensing excerpts from a book, they may not want to license the whole thing. If they do, expect to have to pay them a royalty on each sale. If you get to the stage of negotiating with them for the rights, you probably should retain an attorney to represent your interests.

Feel free to contact me if I can be of help.

Howard Leib

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Answered on 7/16/02, 2:52 pm

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