Analysis On Copyright Infringement Of TTS Reader

TTS (“Text-to-speech”) is a kind of new emerging speech technology. A digital readerembodied with TTS function, could read the e-books downloaded on the reader aloud tothe user. Different form a traditional audio book, the sounds come from a TTS readergenerates automatically, which is not recorded by man before the user turn on thefunction. The innovation of TTS reader is a technology leap, and it will benefit the greatpublic by providing audio experiences, especially for blind people. However, the releaseof the TTS reader has received an immediate objection from authors and publishes, andtheir argument is that TTS reader will create unauthorized audio-books, which couldbecome a market replacement of the traditional audio books and harm the economicrights of copyright owners. After a simple introduction to the TTS technology, it is easyto make the conclusion that the specific kinds of copyrights that TTS could infringe are:reproduction right, performance right, and the right to make derivative works. ThisThesis addresses whether the TTS technology violates the Chinese copyright law andmake suggestions to the amendment of the performance right of China through acomparative view. There are three parts in this thesis, which are Introduction, MainBody, and Conclusion. The Introduction begins with the discussion regarding Kindle2, aTTS reader produced by Amazon, and indicate the motivation and the object of writingthis Thesis. The Main Body is consisted by four chapters. Chapter1begins with a shortintroduction to the TTS technology and pick up the potential areas of copyright thatmight be infringed by TTS readers. Chapter2discuss the legality of TTS reader under theU.S. Copyright Act through three parts of analysis, which are the reproduction right, performance right and the right to make derivative works, and comes to the conclusionthat the TTS reader could has infringed the derivative work right. Chapter3shifts theeyesight from the U.S. to China and makes a comprehensive analysis with thereproduction right, performance right, and adaptation right of Chinese copyright law, andfinally comes to the conclusion that the TTS reader has not violate the Chinese copyrightlaw. Based on the previous discussion, Chapter4will make a comparison between thedifferent attitudes towards TTS reader of U.S. Copyright Act and the Chinese CopyrightLaw and try to dig the reasons lead to the difference. A suggestion for the reform of theChinese performance right will also made in this chapter, which including theenlargement of the scope of mechanical performance right of China and the adding of thedefinition of “public” to some sub-rights under the transmission rights. Finally, theConclusion part will make a restatement of the conclusions of each chapter, and alsointroduce an economic analysis that it is acceptable that Chinese copyright law leavesbreathing room for TTS readers for it will not harm the balance between the exclusivecopyrights of authors and the rights of the great public.