[Tucson AZ, Feb 15, 2024] A recent, significant change in Spotify’s terms for audiobook publishers and rightsholders allows Spotify to “reproduce, make available, perform and display, translate, modify, [and] create derivative works from” audiobooks. (Shout out to StoryFair author Amy Shojai for bringing this to our attention).
The full text of the modified section is as follows:
You retain ownership of your User Content when you post it to the Service. However, in order for us to provide the Service to you we do need a limited license from you to that User Content. Accordingly, you hereby grant Spotify a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from (such as transcripts of User Content), distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service, the promotion, advertising or marketing of the Service, and the operation of Spotify’s (and its successors’ and affiliates’) business, including for systems and products management, improvement and development, testing, training, modeling and implementation in connection with the Spotify Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to object to derogatory treatment of such User Content. Nothing in these Terms prohibits any use of User Content by Spotify that may be taken without a license.
The new clause could create legal peril for authors and/or publishers, as many author/publisher/narrator agreements prevent rightholders from making narrated audiobook content available for modification without the express consent of the narrator. The plain wording of the text, “create derivative works from (such as transcripts of User Content)” appears, at a glance, to have no limitation. While the text includes the example, “such as transcripts of User Content”, it does not seem to limit nor expressly prohibit any other type of derivative work.
(That’s not how StoryFair does things. See how our terms and royalties are far and away the very best alternative for publishers and authors.)
you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to object to derogatory treatment of such User Content
In the age of A.I., narrators have a right to be wary
The digital landscape is evolving at an unprecedented pace, especially with the advent of artificial intelligence (AI) technologies that are reshaping content creation and distribution. Spotify’s recent update to its terms for audiobook publishers and rightsholders, allowing for the reproduction, modification, and creation of derivative works from audiobooks, brings to the fore a critical conversation about the rights and protections of content creators, particularly narrators.
Narrators, the unsung heroes behind the auditory magic of audiobooks, weave emotion, depth, and character into the written word, transforming text into immersive experiences. However, with Spotify’s broadened license terms, the potential for AI to manipulate, alter, or even generate new content from existing narrations without the direct consent of the original creators raises significant ethical and legal concerns.
This sweeping license modification, on plain reading, effectively means that an AI could use a narrator’s voice and delivery as a foundation to create entirely new content, possibly in contexts or manners that the narrator might personally or professionally disagree with. (To be fair: we aren’t lawyers here, just independent authors, and we have not evaluated the rest of the agreement). Such actions appear to not only dilute the personal brand and artistic integrity of narrators but also potentially infringe upon their moral rights—a set of protections designed to preserve the personal connection between creators and their creations, including the right to object to derogatory treatment of their work.
Given the fluid nature of AI advancements, the ambiguity in Spotify’s terms regarding the extent of ‘derivative works’ creates a precarious situation for narrators. It’s a stark reminder of the need for creators to be vigilant about where and how their content is used. In an age where AI can clone voices and alter content with ease, narrators—and indeed all content creators—must advocate for clear, restrictive clauses in their contracts that protect their creations from unauthorized AI-driven modifications.
A potential problem for authors, too
Author Amy Shojai writes us, “It not only directly impacts narrators, but also author creators. The legalese means Spotify could create their own sequels of an author’s works, using our characters/universe, or price any/all of our work for free, thereby destroying our brand and diluting income we rely on. Heck, they could turn my series into movies without my permission, or graphic novels, all without compensation.”
Amy’s insights bring to light the broader implications of Spotify’s updated licensing terms, not just for narrators but for authors as well. The core of the issue lies in the expansive rights the platform now claims, which could , on plain reading, allow the creation of sequels, spin-offs, or adaptations of an author’s work into different formats without direct negotiation or compensation to the original creators. This not only threatens the financial stability of authors by potentially diluting their income but also risks compromising the integrity of their creative universes.
Such concerns reflect a growing unease among authors about losing control over their own creations. The prospect of seeing one’s work transformed without consent or compensation is a stark reminder of the need for clear, protective measures in digital content distribution agreements. It underscores the importance of maintaining a balance between leveraging new platforms for exposure and safeguarding the rights and revenues of those who fuel the creative industry.
Our take…
The situation calls for a collective effort among authors, legal experts, and platforms to forge terms of engagement that respect and fairly compensate the creative labor behind the content. As the digital landscape evolves, ensuring the protection of authors’ rights is paramount in preserving the vitality and diversity of literary expression. We’ve all seen what happened with the writer’s strike in Hollywood… when creators unite, we can do a lot together.
Are you an author or publisher with audiobooks ready for release?
Let’s get your audiobooks listed on StoryFair! Making a publisher account is easy, and uploading your titles is a breeze. Visit our publisher signup page to get started.
Related Articles
Related
StoryFair Audiobooks Launches High-Royalty Audiobook Retailer
StoryFair Audiobooks, a new and pioneering force in the audiobook industry, is thrilled to announce the launch of its high-royalty audiobook retail platform, where authors and publishers receive the highest royalty for their audiobooks among all major retailers.
Announcing our FIRST new author at StoryFair Audiobooks… fantasy king Brandon Sanderson!
A little background... We've been building StoryFair Audiobooks since early 2022, and we just went live in June. For those of you who are just now learning about who we are, here's the cliff's notes version: other audiobook retailers are keeping WAY too much of the...