I've stumbled upon a podcast, where the author is simply reading public docs and blog posts outloud. Does this violate any copyrights? Can he monetize this by including ads?
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By public do you mean in the public domain?– George WhiteCommented Jul 13, 2021 at 3:54
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No. A company or individual published docs to a project or a blog post. The podcast author just reads parts of docs or entire blog posts in his podcast.– stkvtflwCommented Jul 13, 2021 at 6:43
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What country is this in?– Ryan MCommented Jul 13, 2021 at 10:33
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1Are the texts being read for educational purposes or to critique the text itself? There are some fair use provisions that would allow one to use some or all of another's work, like reading a book excerpt on a literary review podcast, or reading a blog post followed by a statistical analysis of the claims. But that wouldn't apply to someone who just reads another's work by itself.– Nuclear HoagieCommented Jul 13, 2021 at 15:58
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1Also is the source of the docs a government agency or agent of the government who is writing in official capacity (I.E. It's his/her job).– hszmvCommented Jul 13, 2021 at 18:03
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2 Answers
There's usually at least a little wiggle room for a fair-use argument in copyright law, but as you're describing it, this sounds like a pretty straightforward copyright violation.
A copyright holder's exclusive rights include the rights to make copies, create derivative works and publicly perform the work. Whichever way you want to characterize the podcaster's conduct, he's running afoul of at least one of these rights.
The creation of audio versions of existing documents may be allowable under certain circumstances via 17 U.S. Code § 121. This section allows "authorized entities" to create "accessible versions" of existing documents without authorization from the copyright holder. The purpose of this law is to encourage the creation of reading materials & audiobooks for the blind.
However, there are a few caveats here:
Such copies may only be made by an "authorized entity", which is defined as "a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities." In particular, making a profit from these podcasts might conflict with the "nonprofit" requirement.
Such copies must bear a notice giving the original copyright owner and date of publication, and stating that further reproduction in other formats is not allowed.
answered Jul 15, 2021 at 20:38
