Erggo

Karen@KarenCommins.com

Karen Commins

Award Winning

Atlanta Audiobook Share-rator™

Copyright

How to Narrate Copyrighted Books

I received this comment on my article Public Domain Narration Headquarters. Since the question involves a book still under copyright, I decided to create a new article, redacting some of the identifiable aspects of the message.

I would love to record a memoir by a great [person]. Once recorded, I think there would be a market for it. The book was published in 2002, therefore is not public domain. It’s sold by Amazon but there is no audiobook of it.

I know I’ll have to contact the publisher but I don’t know where to go from there. I don’t know how to set up a contract for the job (I’d be willing to do royalty share). I don’t know how to get the audiobook onto Amazon and Audible so people can buy it.

I’ve recorded more than X books, mostly for Learning Ally. I have a good home studio. I got two jobs from [a Big 5 publisher] but have not been having much luck with auditions of late. My work of late has focused on [certain]-themed books. I haven’t figured out Findaway or Spoken Realms. I’m getting my business education from you and APA but there’s a lot I need to learn. Any advice you can give will be appreciated.

Thanks for the note.

First, this article may seem more of a general answer than you’d hoped. It needs to benefit the most people. Obviously, each discussion and negotiation about audio rights and audiobook production will be unique. I can’t anticipate or explain every possible scenario, and the scope of the topic is beyond what I can cover in an article. I can only give you a basic game plan and some resources.

Second, I need to state a few general facts about copyright so we’re all on the same page:

  1. The audio rights holder (RH) could be the author, literary agent, or publisher.
  2. Every book published in the US after 1963 remains copyrighted. Only the audio rights holder has the legal right to make an audiobook of these titles.
  3. Titles published in the US before 1928 are in the public domain. Anyone can make an audiobook of these books without obtaining any permission or paying any licensing or royalties. A new year of books enters the public domain every 1 January, meaning that books published in 1928 will be public domain on 1/1/24.
  4. Books published in the US between 1928 and 1964 may be public domain or could still retain copyright.

You must research the publication and copyright renewal dates to determine a book’s copyright status, and, if it is still copyrighted, the rights holder. If it’s public domain, head over to my Public Domain Narration Headquarters for more info and resources.

This article concerns only those books still in copyright. 

 

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Public Domain Narration Headquarters

Last updated 7/6/23

When the obstacle in your way seems to have stopped you in your tracks,
it’s not a failure.
It’s part of what’s calling forth the necessary change
so you can move through, around, over, or under whatever is on your path to success.

— Christian Sørensen

This quote applies to my relationship to public domain books,

Although I started narrating audiobooks in 2002, it wasn’t until ACX launched in 2011 that I really got a foothold in the industry. Prior to that point, the market didn’t exist for a narrator who lived in Atlanta. You either had to be in New York or LA; otherwise, producers didn’t want to talk to you. With ACX, all of the rest of us could have a voice in audiobooks, too.

I soon burned out doing ACX projects since most of them were royalty share books where the rights holder was not promoting the audiobook. (Shameless plug: If you’re interested, I explain how to pick good ACX titles in my webinar Put Yourself in the ACX Drivers Seat, available on my Shop page.)

At the same time, I wasn’t getting traction with publishers. I decided to start recording more public domain books.

Public domain (PD) books are those where the copyright has expired. They belong to all of us, and anybody can do anything they want to with a book that’s in the public domain.

Over time, I’ve kind of become what I think of as the Public Domain Whisperer™️. I regularly search HathiTrust.org for interesting PD books. HathiTrust is a consortium of academic and research libraries with over 17 million digitized items, I often find a book that I think would be a good one for another narrator to do, so I send the link and the suggestion to them.

I’ve been gratified by the enthusiastic and excited responses to my finds. One experienced and award-winning narrator told me I had set them on a new path, and they’ve won a number of awards for their PD productions!

This gorgeous old building is the former Morioka Bank Head Office in Morioka – Iwate, Japan. I found the picture on Wikimedia Commons, where the photographer Daderot generously released it to the public domain.

This article will be my Public Domain Narration Headquarters. I’ll start with ten reasons why I love, love, LOVE recording and publishing public domain books. Plus, check out the resources list below as well as the comments, where I answer your questions!

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Right of Publicity

Happy belated birthday Walt Disney!

I narrated, produced, and published the public domain book The Story of Walt Disney by Diane Disney Miller and Pete Martin. I was thrilled that it released on 5 December in celebration of the 120th anniversary of Disney’s birth.

While I’m excited to announce this audiobook, I’m writing this post to talk about its cover art, and more specifically, information about image usage that may help you if you publish your audiobooks.

I’ve previously written about Copyrighted Images in a Public Domain Book.

That article discussed the images inside the book. Of course, the copyright laws also apply to the cover art, so I encourage you to read it.

Today, I want to talk about the laws concerning right of publicity. (Insert my usual disclaimer about not being a lawyer though I have voiced many in audiobooks.)

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Creating Original Material

I recently was approached by a person who wanted to translate some of NarratorsRoadmap.com for their site. I decided to share my response here with the hope it inspires others to create your own original material. Also, long-time readers know that I re-purpose my writing as often as possible to extend its life and broaden the audience for it.

**********************

I didn’t just gather info for my site. I wrote most of it, which took considerable time and effort, not to mention the years spent in gaining the knowledge to start with.

Everything on my site is my copyrighted material with a few exceptions:

  • A good number of the links and most of the embedded videos point to copyrighted info on other sites. Many of the articles and videos I link to are mine!
  • Some narrators and producers have generously given me permission to republish their copyrighted words in my Knowledge Base articles.

Copyright owners have the rights to control how their work goes forth in the world, including:

  • reproduction
  • distribution
  • performance
  • display
  • derivative products like translations

My aim is to create more content, not translate what I’ve already done.

If I decide in the future to translate the site, I would hire the translators and own the translated text. Such translations would only appear on my site.

I therefore am declining any request to translate any part of my site.

Note: I hold the same policy about my blog articles on this site but have given permission for my articles to be re-published as written and with link and attribution.

However, I would encourage you to think about how you could create and share your own original material. 

We all have unique experiences, views, and ways of expressing ourselves, even when we’re talking about the same topic. You could write a blog, produce a podcast, create videos, design inspirational/informative graphics, etc. You could create a variety of things as it suits you and your purpose.

When I worked my day job in IT, users and my peers considered me an expert. I helped other system admins solve technical problems and taught the users how their software and hardware worked.

I began working in VO in 1999 and started my first advice page on my site in 2002. I have been writing my blog since 2006. As I shared posts, people in the industry got to know and trust me through my blog. Soon, people began referring others to my blog.

NarratorsRoadmap.com is an extension not only of my blog and advice I’d given online and in emails for years, but of my personality and whole approach to being of service.

My point is: If you start creating and sharing your own content, you never know where it will lead!

I found Austin Kleon’s book Show Your Work! 10 Ways to Share Your Creativity and Get Discovered to be VERY helpful and inspirational in connecting the dots about growing an audience. Basically, he contends — and I agree — that If you can think of ways to document things about your work processes, an interested audience will make its way to you.

Let me know if you create something along these lines. I may want to link to you!

 

 

Tour of Sites With Public Domain Art

Last updated 12/31/22

 

Material in the public domain belongs to ALL of us. You can use public domain material for any purpose you want without licensing it or paying royalties to anyone.

Public domain books are a boon to creative, entrepreneurial narrators! I made a video course exclusively for members of my NarratorsRoadmap.com site called Create Your Own Path. The first video discusses how to research the copyright information to determine whether a book is in the public domain. (I would be remiss if I didn’t also point out that the course has its own set of resources, including collections of public domain books I’ve created for members to peruse for possible projects!)

When planning your cover art for public domain books, consider these quotes pulled from this Publishers Weekly article about publishing new editions of public domain texts:

“It’s been 95 years since they were published in the United States — so we’re thinking about how we can present them as fresh and relevant.”

“The design process for reimagining classic covers also requires a special sort of attention…You just need a cover that’s going to jump out from all the other covers.”

“I always feel it’s important to create covers for classic authors that they would appreciate. I think it’s really important to be respectful of the text.”

Many people who create audiobooks from public domain texts also look to use public domain artwork for their audiobook covers. I’ve done that with a number of books, including:

Jailed For FreedomSo BigThe Dynamic Laws of Prosperity

I found the image for JAILED FOR FREEDOM on the Library of Congress site. The sun on THE DYNAMIC LAWS OF PROSPERITY came from NASA.

You may even need to layer images to achieve the look you want. In the case of SO BIG, my cover designer found a perfect antique, public domain painting of the woman standing in the cabbage field. Meanwhile, I found a modern photograph of a farm boy squatting in a field on a commercial site of stock images. I bought the picture for around $15 and then used Photoshop to place him in the image of the painting with Photoshop. I used a number of filters and effects to give him the same look as the original painting. Since the painting was public domain, I had complete freedom to alter it in this way for my cover.

Since I’ve seen a number of posts from narrators looking for sources of public domain illustrations, I thought I’d curate a handy list for all of us! Note that I’m not including the plethora of sites with modern stock images or that may charge fees for usage.

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