By: Kate Lanagan
The purpose of copyright law is “to promote the progress of science and useful arts.”[1] Copyright law encourages creative expression by rewarding authors with exclusive rights over their works, while balancing society’s interest in the free flow of knowledge and shared information. The Copyright Act conveys many divisible rights to authors, such as the right to reproduce the work, prepare derivative works, distribute copies, etc.[2] Copyright owners control the copying of their work. Authors’ exclusive rights prevent works from being automatically available to all. While this encourages people to create, it impedes accessibility—especially for those with disabilities, who may need to convert works to other mediums to make them accessible, which can conflict with copyright owners’ rights.
The recent litigation between Audible and the Association of American Publishers (“AAP”) demonstrates this struggle. Audible, the world’s largest producer of audiobooks, announced a new feature called “Captions.”[3] Captions uses speech-to-text technology to provide users with captions of the text as they listen to the corresponding audiobook.[4] Audible’s claimed purpose in developing this feature was to provide an enhanced listening experience for users and to increase accessibility for users who may have difficulty hearing or understanding the words.[5] The AAP, who represents affected authors and publishers, argues that Captions is copyright infringement because Audible only purchased audio rights—not the rights necessary to distribute text.[6] Audible’s defense is fair use; they claim Captions expands the utility of audiobooks for listeners with cognitive challenges and hearing impairments.[7] If Captions is considered infringement, disabled people who want to fully experience audiobooks would have to purchase both the audiobook and the corresponding e-book. Those without hearing or cognitive disabilities can listen to an audiobook without needing text transcriptions to follow along. This case demonstrates an important issue: how can copyright law continue to reward and encourage creativity while simultaneously providing equal access for those with disabilities?
There are currently no blanket exceptions in copyright law for accessibility. Instead, arguments for accessibility rely on the doctrine of fair use and other statutory exceptions. New technologies, as seen with Audible’s Captions, make accessible formatting more convenient than ever. Those with disabilities should be able to fully enjoy works without having to purchase multiple formats to make compatible copies themselves while worrying about infringement. Balancing authors’ rights with the public interest will become more difficult and more important with these accessibility concerns.
[1] U.S. Const. art. I, § 8, cl. 8.
[2] 17 U.S.C. § 106.
[3] Audible, Audible Captions: A Demonstration (July 31, 2019), https://www.audible.com/about/newsroom/audible-captions-a-demonstration.
[4] Id.
[5] Memorandum of Defendant at 9, Chronicle Books et. al. v. Audible, Inc., 19 Civ. 7913 (VEC) (2d Cir. Sept. 27, 2019), available at https://www.publishersweekly.com/binary-data/ARTICLE_ATTACHMENT/file/000/004/4249-1.pdf
[6] Complaint, Chronicle Books et. al. v. Audible, Inc., 19 Civ. 7913 (VEC) (2d Cir. Sept. 27, 2019), available at https://www.docdroid.net/em69IaO/chronicle-books-v-audible.pdf.
[7] Memorandum of Defendant, supra note 4, at 19.