Authors Guild and Amazon Disagree Over Kindle's Text-to-Speech Software

By Lynn Andriani -- Publishers Weekly, 2/12/2009 12:30:00 PM

The Authors Guild is warning its members that Kindle 2’s Text-to-Speech function is an unauthorized use of audio rights and may be “undermining” publishers' audio markets. The organization today sent an alert to members and posted the alert on its website. But Amazon spokesperson Andrew Herdener said Text-to-Speech is legal.

The alert says that Kindle 2’s Text-to-Speech function, which reads an e-book aloud, “presents a significant challenge to the publishing industry.” It advises members that haven’t already granted e-book rights to backlist or other titles to hold off. “If you have a new book contract and are negotiating your e-book rights, make sure Amazon’s use of those rights is part of the dialogue,” It also says that publishers could prohibit Amazon from adding audio functionality to their e-books without authorization, and that Amazon could comply by adding a software tag that would prohibit Kindle from creating an audio version of a book unless Amazon has acquired the appropriate rights.

Amazon spokesperson Andrew Herdener said Text-to-Speech is legal. “Is it illegal to read a book out loud to yourself? Is it the case that one is only allowed to legally read if one does so silently? When you listen to yourself read out loud, you’re not performing—you’d need an audience for that—and you’re not making a copy.” He also pointed out Amazon’s role as a participant in the recorded audiobook business through its subsidiary Audible, and said Text-to-Speech “provides a completely different experience from a professionally recorded audiobook.”

The guild alert noted that while bundling e-books and audiobooks is a good idea, "it shouldn't be accomplished by fiat by an e-book distributor."