Waterloo Region Record

‘Big 5’ of digital books sue Audible over captions

Amazon.com-owned firm is the dominant producer in the audiobook market

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NEW YORK — Some of the country’s top publishers are suing Audible, alleging copyright infringeme­nt as they ask a federal judge to enjoin the audiobook producer-distributo­r’s planned use of captions for an education-driven program.

The so-called “Big Five” of publishing — Penguin Random House, Hachette Book Group, Simon & Schuster, HarperColl­ins Publishers and Macmillan Publishers — are among the plaintiffs in the suit filed Friday in U.S. District Court for the Southern District of New York.

The legal action comes in response to Audible Captions, which Audible announced in July and indicated would be formerly launched as students return this fall, with titles including “Catch-22,” ’’The Hunger Games” and “The Hate U Give.”

“Audible Captions takes publishers’ proprietar­y audiobooks, converts the narration into unauthoriz­ed text, and distribute­s the entire text of these ‘new’ digital books to Audible’s customers,” the lawsuit reads.

“Audible’s actions — taking copyrighte­d works and repurposin­g them for its own benefit without permission — are the kind of quintessen­tial infringeme­nt that the Copyright Act directly forbids.”

Audible, which is owned by Amazon.com and is the dominant producer in the thriving audiobook market, did not immediatel­y respond to a request for comment.

Maria Pallante, who heads the Associatio­n of American Publishers, told The Associated Press in a recent interview that repeated efforts to address its concerns with Audible — including cease-and-desist letters — had failed to produce any changes.

“They said something along the lines of ‘We’ve received your communicat­ions and considered them and don’t agree with them and do not intend to stop,’” said Pallante, the trade group’s president and CEO.

Audible Captions would be available for free to students and also could be used by Audible members who already pay a monthly fee.

A video demonstrat­ion of the program uses Dickens’ “David Copperfiel­d” as an example and shows words appearing on the screen of a smartphone as the narrator reads from the text.

In announcing Audible Captions, company founder Don Katz said the program would help young people who struggle to read books.

“We know from years and years of work, that parents and educators, in particular, understand that an audio experience of well-composed words is really important in developing learners,” Katz told USA Today in July.

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