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  #1  
Old July 8, 2003, 05:29 AM
Philip Langley
 
Posts: n/a
Default Translation copyright

Hi all

If I translate a (presumably) copyrighted book into another language, who owns the copyright, and do I need permission from the original copyright holder to carry out the translation?

Just a thought

Cheers

Philip
  #2  
Old July 8, 2003, 05:40 PM
Michael Ross (Aust, Qld)
 
Posts: n/a
Default I am not a copyright lawyer... my copyright lawyer made me say that...

Philip:

The creator of the Work owns the copyright to it... and all versions of it.

In other words... you cannot translate it and then own the copyright. If that were possible, all someone would have to do is translate a work to a different language then back to English. The new English version would be slightly different than the original because something is always lost in the translation. And the creator of the Work would see an almost identicle Work out there that does not violate copyright.

Suddenly, authors like Stephen King and Dean Koontz would be out a LOT of money because their works are available in different languages.

If you have seen another's Work and wish to turn it to English... or turn it from English to another language... contact the copyright holder and ASK them for permission.

Michael Ross

I am NOT a copyright lawyer. The above is only my opinion. For proper legal advice consult with a qualified legal person.


You might not be able to afford this
  #3  
Old July 8, 2003, 08:48 PM
Philip
 
Posts: n/a
Default Re: I am not a copyright lawyer... my copyright lawyer made me say that...

Yep, much what I thought:-)

Cheers

Philip
  #4  
Old July 9, 2003, 02:06 AM
Tam
 
Posts: n/a
Default As a side note

From my understanding of copyright issues - Michael is right. However, I want to add a few points to hi reply.

First, you cannot make a translation of anything (of course, I am not a lawyer so this is not legal advice) without approval. Except in a few limited cases:

If the item is in the pulic domain, you can do the translation and then copyright your translation (yes, it is done).

Second, anything that mentions allowing reprint rights (such as articles) you can traslate provided that you follow the reprint guidelines. It is always best to contact the author first.

Thirdly, copyright is often (at least for the more popular authors) not held by the author. It is quite colmmon for the publisher to own the copyright. But, at the same time, an inquiry to the author should clear up any issues (and who else you need to contact).

Tam

Philip:

> The creator of the Work owns the copyright
> to it... and all versions of it.

> In other words... you cannot translate it
> and then own the copyright. If that were
> possible, all someone would have to do is
> translate a work to a different language
> then back to English. The new English
> version would be slightly different than the
> original because something is always lost in
> the translation. And the creator of the Work
> would see an almost identicle Work out there
> that does not violate copyright.

> Suddenly, authors like Stephen King and Dean
> Koontz would be out a LOT of money because
> their works are available in different
> languages.

> If you have seen another's Work and wish to
> turn it to English... or turn it from
> English to another language... contact the
> copyright holder and ASK them for
> permission.

> Michael Ross

> I am NOT a copyright lawyer. The above is
> only my opinion. For proper legal advice
> consult with a qualified legal person.
  #5  
Old July 9, 2003, 02:49 PM
Ankesh Kothari
 
Posts: n/a
Default Re: public domain copyright?

> If the item is in the pulic domain, you can
> do the translation and then copyright your
> translation (yes, it is done).

But whats the use? Any other person can get the item from public domain and translate it again. Or is it that if a person has already translated a public domain item - and copyrighted it, it cannot be translated by any one else?


Read "Acres of Diamonds" for free
  #6  
Old July 9, 2003, 04:05 PM
Michael Ross (Aust, Qld)
 
Posts: n/a
Default Re: public domain copyright?

> But whats the use? Any other person can get
> the item from public domain and translate it
> again.

True. BUT. First they need to know that the item is in the public domain and then where to get it.

Take "Acres of Diamonds" for example. If I know where to get it from the public domain (Project Guttenberg) and then reformat it into whatever format I desire, I own the copyright on the new format. No-one else can just up and sell or give away the version I created. If they want to give away or sell Acres of Diamonds they also need to get it from the public domain and reformat it.

The majority of people do not know where to get public domain stuff nor how to find where to get it. And even those that do often cannot be bothered because it is so time consuming. And even if they do know where to get it and can be bothered, there is an advantage in being first.

Michael Ross


No public domain stuff here. All original content
  #7  
Old July 9, 2003, 11:07 PM
Tam
 
Posts: n/a
Default another note

Michael sums it up quite well. A couple of additional notes. If you copyright your version, then someone else can't even work from yours; i.e., they can't use your version to create another format or make a translation - they need to get one that is in the oublic domain to work with.

Tam
  #8  
Old July 10, 2003, 02:11 AM
Michael
 
Posts: n/a
Default Not so, Michael

Michael
Not so.
Stephen King and others would have to apply for Translated copyright protection in other languages. Take it to the bank...
I know this because I own the English copyright for "the Taliban Gazette" which was written in native pashto/dari. I had it translated and got a lawyer to file with library of congress. There is a special legal term for the principle, just can't think of it.(btw, 99% of authors do this pre-emptively, Mullah Omar fortunately fell in the 1%)
Check out the link below, I have a professor of Islamic law from UCLA writing the foreword and publisher lined up. Interesting details on site, scary stuff these folks were about.

Warmest regards
Michael Madden
> Philip:

> The creator of the Work owns the copyright
> to it... and all versions of it.

> In other words... you cannot translate it
> and then own the copyright. If that were
> possible, all someone would have to do is
> translate a work to a different language
> then back to English. The new English
> version would be slightly different than the
> original because something is always lost in
> the translation. And the creator of the Work
> would see an almost identicle Work out there
> that does not violate copyright.

> Suddenly, authors like Stephen King and Dean
> Koontz would be out a LOT of money because
> their works are available in different
> languages.

> If you have seen another's Work and wish to
> turn it to English... or turn it from
> English to another language... contact the
> copyright holder and ASK them for
> permission.

> Michael Ross

> I am NOT a copyright lawyer. The above is
> only my opinion. For proper legal advice
> consult with a qualified legal person.




I own the English copyright for this Taliban manifesto
  #9  
Old July 22, 2003, 03:19 PM
Bolo
 
Posts: n/a
Default "I am NOT a copyright lawyer. The above is only my opinion. For proper legal advice consult with..."

"I am NOT a copyright lawyer. The above is only my opinion. For proper legal advice consult with a qualified legal person."

HELP! PLEASE! WHY!!! is this type of statement always posted on the internet when anyone makes a serious comment relating to anything serious??

What??? is it ILLEGAL to make a comment about anything whatsoever legally related without including a disclaimer like this?????

I really really don't get this and it really kind of makes me sick reading it from so many people all the time when they make what is obviously their own personal comment.

Why the hell should I have to post a disclaimer to make a statement about any dam thing I please? Is this not a free country?

I guess people feel they really may go to jail or be sued for making a public comment like this, is that why people post these kinds of disclaimers on the internet everywhere?

????
Bolo.
 


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