--- Forwarded Message from Bob Majors <[log in to unmask]> ---

>User-Agent: Microsoft-Entourage/10.1.1.2418
>Date: Mon, 19 May 2003 09:33:56 -0700
>Subject: Re: #7156 permission to make audio CDs
>From: Bob Majors <[log in to unmask]>
>To: Language Learning and Technology International Information    Forum   <[log in to unmask]>
>In-Reply-To: <[log in to unmask]>

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> I am wondering if anyone has ever asked for permission from publishers
> to make audio CD copies for students. We have been making cassette
> copies for students upon request. Audio CDs would be an extension of
> this, but somehow I feel that publishers wouldn't allow CDs to be
> copied. The latest editions of books we are using for next year only
> come with Audio CD programs. I could make cassette masters of the CDs
> to copy for students, but fewer and fewer students have cassette
> machines.

As you describe, students want and need audio in digital format.  Publishers
ought to give digital permission if they would have given cassette
permission.  The only difference is that digital is (much) easier copy
(unless protected by proper streaming etc. and/or digital rights
management), although even with language cassette tapes, students have been
known to copy at 2x or 4x (1 to 1); 16x (1 to many -- yes the same kind of
high-speed copiers in language learning centers have been rumored to have
been used in frat/sorority/dorms); and even a well meaning student digitized
cassettes (that he acquired legally) and placed the audio on a web server
for his own use (but it was exposed to the world).  Perhaps we will be able
to use some sort of digital rights management ala Apple's Music Store that
allows use on portable devices, and personal copying for self-use CD-A's.
Granted, while some of this is digitally protected/limited, some of it
involves the honor system.

Even with cassette duplication rights, language learning centers
historically have wasted too much time with negotiations.  Large scale
publishers ought to realize that audio is a loss-leader, and not worry about
it, that the revenues will come via the text and workbooks.  Even when they
try to sell audio in the bookstore, I've heard that it doesn't sell that
much (here, anyway), and also that the bookstore often won't stock audio
because of small and/or unpredictable sales.

The way to approach it is to get digital copying rights set up during
negotiations *before* a text is adopted.  This is the only time one has
leverage.  If one publisher won't give rights, use another book whose
publisher will.  This of course involves strong cooperation between the
language learning center and the language coordinators, which is sometimes
difficult, and won't work in all cases.

All that said, there are smaller publishers who claim to rely on audio
revenues, and there are some publishers who refuse any duplication rights --
often ESL in my experience.  And I wholeheartedly believe in intellectual
property rights (see <http://mixonline.com/ar/audio_feedback_18/> for a good
read on music copying).  I just believe there is a way to make digital audio
happen easily and keep (at least) most publishers happy at the same time,
and save everyone a lot of time.  But perhaps we don't want to deprive
students of that bonus tape hiss ;)

Bob Majors
(These opinions are mine and don't necessarily reflect those of my
employer.)