Re: copyright under stress

On 6/24/2000, Lynn Winebarger <owinebar[_at_]free-expression.org> wrote:
>
> On Fri, 16 Jun 2000, Robert A. Kreiss <kreiss[_at_]odo.law.udayton.edu> wrote:
> >
> > Computer programs are disseminated on disks in object code. We
> > don't get to read the original source code -- no access required
> > there. Books in French are equally inaccessible to those of us
> > who don't read French.
>
> As I understand it, it falls within fair use to hire a translator
> to produce a translation for your personal use.

It's a reasonable argument, but far from certain. The translation is clearly an unauthorized derivative. While there's no reason to think that fair use doesn't apply to the creation of a derivative as well reproductions, I don't recall ever seeing a case that applied fair use in that context. At least the first and third factors (commercial use of entire work) would seem to weigh against a fair use finding. The second factor (nature of the work) is unknown here. Fourth factor (market effect) would have to weigh in favor of fair use. Inasmuch as those factors are non-exclusive, the copyright owner might also argue (persuasively to me at least) that his/her right to approve translations of his/her work is pretty compelling as a matter of equity/moral rights.

John Noble
<jnoble[_at_]dgsys.com> Received on Tue Jun 27 2000 - 19:15:31 GMT