In August, seven major book publishers sued Audible over a new caption feature they claim infringes on copyright law.
An Audible countersuit, filed last week, however, argues that the technology is “quintessential fair use.”
Introduced in July, Audible Captions aims to enhance the literacy experience by allowing listeners to follow along with “a few lines of text.”
“We developed this technology because we believe our culture, particularly in under-resourced environments, is at risk of losing a significant portion of the next generation of book readers,” CEO Don Katz wrote in a summer announcement.
A sentiment with which I’m sure the Association of American Publishers (AAP), on behalf of its member companies, agrees.
It’s the underhanded way Audible approached the feature that publishers are not on board with.
The August lawsuit claims “willful copyright infringement,” and highlights Audible’s alleged efforts to “take for itself cross-format features” without authorization from, compensation to, or quality control by intellectual property owners.
Chronicle Books, Hachette Book Group, HarperCollins Publishers, Macmillan Publishing Group, Penguin Random House, Scholastic, and Simon & Schuster argue that Audible is effectively distributing ebooks alongside audio files—which normally requires a separate license and additional royalty payments.
Audible clapped back, asserting that it has agreements with each plaintiff, and has paid, and will continue to pay, royalties and license fees for audiobooks.
“Audible Captions is not a book of any kind, much less a replacement for paper books, ebooks, or cross-format products,” the Amazon-owned company said. “The goal is simple: to help listeners understand and engage with the audiobook they purchased.”
Audible already provides simultaneous text and audio via “Immersion Reading” (read along with the ebook as you listen to the audiobook)—with the AAP said operates lawfully, and without errors.
More on Geek.com:
- Audible For Dogs Keeps Your Pets Company
- Pornhub Adds Closed Captioning for Porn
- Amazon Alexa Now Lets You Choose Your Own Adventure
