Audiolivro versus Livro Falado:

como a diferença entre esses termos é relevante para o Tratado de Marraqueche e o direito brasileiro

Abstract

Although often treated as synonyms, Audiobooks and Talking Books are formats with different characteristics. The Marrakesh Treaty makes copyright more flexible for the production of accessible materials to people with visual impairments. However, the term “Audiobook” given by the Treaty differs from the term “Talking Book” used by the entities that produce the material. The objective of the article is to demonstrate that the terms are not synonymous, that there are objective elements that differentiate them and that failure to distinguish them may pose risks to copyright. The research was conducted with a qualitative analysis of information gathered on theory and practice related to the Marrakesh Treaty and the production and provision of accessible materials. The Audiobook is a product aimed at entertainment, being another format available to the consumer who can choose between reading or listening. The Talking Book, on the other hand, is produced for accessibility for people with visual impairments, who are the beneficiaries of the Treaty. The use of this term would make clearer the need for a neutral adaptation of works for audio, ensuring accessibility without compromising the author's integrity. To highlight that the formats are different species of the same genre, it is also proposed to use the expression “Books in Audio”.