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Proof listeners catch mistakes we may have missed during the initial recording and editing process. Readers record themselves reading a section of a book, edit the recording, and upload it to the LibriVox Management Tool. For an outline of the Librivox audiobook production process, please see The LibriVox recording process. We require new readers to submit a sample recording so that we can make sure that your set up works and that you understand how to export files meeting our technical standards.
We do not want you to waste previous hours reading whole chapters only to discover that your recording is unusable due to a preventable technical glitch. A book coordinator commonly abbreviated BC in the forum is a volunteer who manages all the other volunteers who will record chapters for a LibriVox recording.
Metadata coordinators MCs , help and advise Book Coordinators, and take over the files with the completed recordings soloists are also Book Coordinators in this sense, as they prepare their own files for the Meta coordinators. The files are then prepared and uploaded to the LibriVox catalogue, in a lengthy and cumbersome process. In conducting the analysis, courts have looked at not only market effects for the particular work in the format used, but also at effects on the much broader set of potential licensing markets that may have been usurped by the use.
Courts have acknowledged that examining licensing markets introduces a degree of circularity; in theory the fact that a use was made at all indicates a potential licensing market that the rightsholder could have exploited. For CDL, the primary reason why the market harm factor weighs in favor of the use is because the market effect of CDL is nearly identical to the market effect already favored under the first sale doctrine. For the works at issue, the controls that CDL requires ensure that the use closely matches the market effect that the rightsholder was already compensated for upon first sale of the book.
For example, the Copyright Act does not grant a copyright owner the right to control negative commentary or criticism of its work, [] uses favored under the first factor. If criticism results in lost sales, is not the type of harm recognized under the fourth fair use factor. The first sale doctrine itself is intended as a limit on the scope of markets that rightsholders can control. Thus, CDL does not negatively affect the market any differently than the uses already permitted by libraries when lending books physically.
A library that owns a single copy of a book could only lend a single copy out at a time. If the digital version is checked out and viewed by a patron, the corresponding physical version must be restricted and controlled e.
Likewise, mimicking the restraints on physical materials in which only one user can typically check out and read a physical book at a time, only one user would be permitted to check out and read the digital book at any given time.
From a single transaction standpoint, the library making the CDL use must still have acquired legitimately the book in physical format before lending.
What CDL does is allow a change of the format in which that lend is made. When the digital copy is being read by a patron, however, the physical copy is restricted and unavailable for consultation, so there is no situation in which the library is getting use of two copies for the price of one.
Similarly, for the aggregated effect question—what if everyone did it? We acknowledge that these controls do not address the full range of market concerns raised by others. In the context of broader debates about digital first sale, the primary objections raised by rightsholders were related to market disruption. The two primary collections of these objections are the U. Copyright Office report addressing digital first sale, and a similar and updated U.
O report. We address each below. Ultimately, we conclude that none should pose an obstacle to well-designed controlled digital lending system. While we do not believe libraries implementing CDL must respond to these concerns, a conservative CDL system may take these factors into account. We identify ways to do so in Part IV of this paper. For loans out to patrons in other locations, interlibrary loan adds an additional layer of delay. For digital transactions factors such as time and space no longer act as major impediments to transfer.
The question is, should they, in order to more closely mimic the physical lending environment that exists with print? By its terms, the Copyright Act does not grant rightsholders a right to transactional friction, nor does the Copyright Act freeze in time the historical conditions under which copies are bought and sold or lent. Amazon has dramatically altered the used book market, removing barriers to the flow of those books.
Such advancements have already occurred; advances in interlibrary loan services such as RapidILL and BorrowDirect mean books now move quickly and seamlessly between libraries in dramatically less time than in the s when the Copyright Act was enacted.
But those markets do not belong to the copyright holder. We do acknowledge, however, that the first sale doctrine was developed by the courts and embraced by Congress in the context of a physical environment where transaction costs were high. With that argument is the implicit suggestion that, like the friction discussed above, degradation was implicitly calculated into the balance of rights Congress arrived at when codifying the first sale doctrine.
For one, this argument fails to appreciate that for long-term digital copies do degrade and require significant effort to maintain. Systems need to be migrated periodically, and platforms updated to interact with current technology.
HathiTrust, for example, reports replacing storage hardware every 3—4 years. So, the stored digital copy used for lending does degrade over time and in reaction to use, just in ways that are not entirely analogous to the more gradual and straightforward entropy of the physical book. Those facts aside, to our knowledge no court has ever tied the application of the first sale doctrine to a required, planned degradation of the format in which the copy exists.
Since the first recognition of the first sale doctrine over years ago, the advent of acid-free paper, improved binding technology, media such as microform and magnetic tape and other innovations have extended the life of physical works dramatically. Driven in part by a lack of market availability, libraries repair, strengthen, and rebind many books in their collections, in large part because replacements cannot be purchased.
The idea has no connection to the statutory or judicial development of the rationale for first sale, and it fails to account for how digital storage and transmission do encounter degradation that is consistent with if not more severe than physical degradation.
Finally, the third market-harm concern is that digital distribution raises greatly increased risks of piracy. In its report addressing digital first sale, the U. Courts have taken security concerns seriously. HathiTrust , for example, the Second Circuit gave considerable attention to the security precautions HathiTrust had put into place for the digitized volumes in its collection.
Digital distribution of copyrighted works is exceedingly common. For CDL, we see the risks as no greater than any other digital transaction. Publishers regularly license electronic books for digital distribution without any discernable market premium added to account for the additional risk of impermissible downstream copying.
For libraries, security issues should be taken seriously, which they are by design through the six CDL controls described above. Like the approach taken by HathiTrust, the repository of digital copies must be secured from unintended access. Going even beyond the HathiTrust case, CDL would require physical access to works be restricted as well, while digital copies are lent. In addition, the files lent must be controlled in some significant way e.
Many publishers use and are comfortable with security implemented through systems like Overdrive, or using Adobe Digital Editions. For CDL, the most effective and defensible approach may be to use those very same copy and piracy controls that publishers themselves employ for distribution of their licensed e-book content.
Finally, a secondary but important reason why CDL would fare well under the market harm analysis is because it addresses a broad market failure, particularly with respect to the 20 th century books that are generally not available in digital formats. For these 20 th century books, we believe the fair use argument is strongest. The most significant market failure for these books is with truly orphaned works—i.
But the 20 th century book market suffers from market failure even when owners are known. Failure of rightsholders to exploit the e-book market likely has many causes. Some of those are production-related transaction costs, some are due to the complex thickets of rights associated with each work, [] and some are likely due just to competing priorities.
In all such cases, books are not commercially available in digital form. High transaction costs make it economically unviable for a willing rightsholder and a willing user to negotiate for a sale. For example, in Cambridge University Press v. The Eleventh Circuit found this significant in weighing the fourth factor:. The prohibition of such noncommercial uses would merely inhibit access to ideas without any countervailing benefit.
So, for books published in this time period as a whole, there is a strong argument that they collectively represent a market failure. Part of that failure is due to high costs of determining commercial availability for any given work. The costs of searching and identifying which works are out of print, orphaned, or not available in e-book format is costly itself.
However, we believe that there is sufficient data for assessment of commercial availability that can be leveraged for CDL to maximize the case that these particular titles within this 20 th century focus are unavailable either in print or electronically.
Those, we believe, present the very best case for CDL uses. Libraries thinking about CDL will encounter risk, both positive and negative. On the positive side, we believe there is a significant upside: CDL helps libraries fulfill their missions in the broadest sense, using technology to increase effective, non-discriminatory access to collections for our users, and the world. For negative risk, there are three primary types we worry about: 1 the risk that a library is sued in the first place, 2 the risk that the library loses the lawsuit, and 3 the risk of consequences in the face of defeat in a lawsuit.
For each aspect of risk, libraries should make an honest assessment of their risk tolerance, accompanied by advice from legal counsel about how to match some of the ideas presented above and below with that risk profile. The issues are actually about time, resources, and reputational harm in defending a lawsuit. A lawsuit can take a tremendous amount of time. Patton has now entered its 10 th year of litigation. There can be years of pre-trial action after the complaint is filed.
There could be challenges to the pleadings through the motion process, which add additional delay. Answering questions, producing documents, or taking testimony can often take months or years, even before you get to trial.
Although the reality is that most lawsuits do not go to trial, [] the cost of litigation can be high, and these costs often depend on the issues involved and the location of the trial. Second, the risk that the library loses in court is primarily addressed by the strength of the legal position under fair use, the framework of which is addressed in Part III.
And again, we caution that there are no fair use cases that square precisely with this use scenario, and so libraries entering this space must embrace a certain degree of legal ambiguity. But, the analysis above shows that there is a good faith, reasonable basis for concluding that such uses constitute fair uses.
Typically, the plaintiff would request that the court enter an order for an injunction or damages, or, on occasion, both against the losing party. Statutory damages are the major concern. However, for libraries there is some good news to limit risk exposure. First, Congress created a special provision to protect for teachers, librarians, archivists, public broadcasters and the nonprofit institutions with which they are associated from liability when they believed and had reasonable grounds for believing that the use they were making was a fair use.
Second, some institutions may benefit from sovereign immunity, a doctrine that protects states from federal court interference, derived in part from the Eleventh Amendment to the United States Constitution.
Presently, state and tribal governments and their related departments such as state university libraries, museums, or archives, are immune from damage awards. Of course, plaintiffs could still bring a suit. Sovereign immunity also lowers the risk of such a suit because the outcome may have little reward—there is no money in it for litigants. While some risks such as exposure to damages may be minimized by sovereign immunity or the statutory damages exception, libraries can also be proactive to minimize risk with CDL by implementing some additional system design and library policies, as well as selecting materials to be lent using CDL with an eye toward risk.
We conclude with several practical ideas about how to do so:. The six basic system design elements identified in the Statement and introduced at the outset of this paper are, we believe, all that are necessary to make a compelling legal case for CDL. These design elements attempt to make CDL mimic even more closely the physical environment and attendant friction reuse, as well as the security limitations that physical lending currently requires.
For books that would typically take 24 hours to make their way back on to the shelves after being returned, that might be an appropriate waiting time for digital copies as well. For reserve materials that rapidly move in and out of the shelves with little wait, a shorter period may be appropriate to mimic the realities of a physical lend.
Libraries may even want to take in user geography—if a user borrows a book while located further away, add more time in between the next loan than if the user is located next door—or other factors that have historically slowed the flow of physical works.
A host of agencies have been instructed to stand ready to tackle possible flash floods and surface water runoffs due to tropical storm Mulan, Deputy government spokeswoman Traisuree Taisaranakul said on Wednesday. Professional football will be back in full swing when the Thai League kicks off this week. Serena Williams said on Tuesday August 9 that she is "evolving away from tennis" as she detailed her upcoming retirement from the sport that she dominated for the majority of her career with 23 singles Grand Slam titles.
South Korea will push for fast inbound entry for foreign workers and expand the quota for businesses to hire foreigners to resolve workforce shortages in the industrial sector, economic policymakers said Monday.
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