Publishers assert Audible’s Captions service creates a market that must be licensed into. They claim their agreements do not allow for text display, so any new program that goes beyond the scope of those agreements—even if that’s just a few words at a times—must be a negotiated right.

Andrew AlbaneseLate last month, the Association of American Publishers and a group of plaintiff publishers including all of the “Big Five” plus Chronicle Books filed a copyright infringement lawsuit seeking a permanent injunction barring Amazon-owned Audible from including their works in the recently-announced Captions program.

The Captions program is reportedly set to begin as early as September 10, but in a statement at the time of the suit, AAP president and CEO Maria A. Pallante accused Audible of “willfully pushing a product that is unauthorized, interferes with and competes with established markets.”

Audible’s Captions function is delivered through the Audible App, and scrolls an AI-generated transcription of the digital audiobook one is listening, explains Andrew AlbanesePublishers Weekly senior writer.

“It’s literally just a few sentences—it reminds me of karaoke, which is what I’ve taken to calling it – Audible Karaoke. ‘The theory is that being able to see a few words as they are being read increases comprehension and engagement,” he tellsCCC’s Chris Kenneally.

“The publishers insist this is a market that must be licensed into. They claim their agreements do not allow for text display, so any new program that goes beyond the scope of those agreements—even if that’s just a few words at a times—must be a negotiated right.

‘Where I really see the case strongest— if the publishers should want to make this case – is as an anti-circumvention case (related to the DMCA),” Albanese says. “In other words, the AI program used here offers people a way around the DRM that keeps e-book text protected and uses AI to transcribe an audiobook. That’s an interesting question to explore for the courts.”

Every Friday, CCC’s “Beyond the Book” speaks with the editors and reporters of “Publishers Weekly” for an early look at the news that publishers, editors, authors, agents and librarians will be talking about when they return to work on Monday.

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