Is it copyright infrigement to create an audio or video product that contains a recitation of copyrighted text

Question

I want to create a video program that will contain a recitation of text that may have a copyright.

Can I incorporate the recitation of the text in a video product that I sell? Do I need to recognize the source? Or by changing the format of the delivery of the text is it a sufficient change that it would be unique for me? Or would I be infringing on someone else's copyright?

Answer 1

Turn the question around, what if the copyrighted material was music, what would the answer be. For broadcast, that would be performance and rights would normally be paid through ASCAP or one of the other composer organizations. To incorporate in a distributed product, you need mechanical rights, either through Harry Fox Agency or statutory payment to the Library of Congress Copyright office.

Unfortunately there is no equivalent organizations for authors like the ones for music composers. But authors have identical rights, including performance and mechanical reproduction, so you will need to track these down. First start with the publisher, there is a chance that all rights were assigned to them. If not, they should be able to direct you to the authors agents if they are currently paying royalties.

There are the usual exemptions for media copyrights, such as fair use, news reporting, works of the government and such, but your description implies that these don't apply in your case.

Answer 2

It is a copyright violation.
But then it is said, that stealing from one author is plagiarism, but stealing from many is called research... ;-)