Re: Translation copyright

Translations are their own species of art form. Every (decent) translation is noticeably different from any other--just consider all the versions out there of Dante's Divina Commedia, from the turgid Longfellow version to the snappy Dorothy L. Sayers. Any translation would have its own copyright protection, so if the total amount of the other published one used is substantial, then I don't see how you can avoid infringing under the circumstances you describe without obtaining permission: the use of the quoted material is non-transformative, the amount is substantial (presumptively; this depends of course on how long the entire work is and how much is taken from the existing source), and although the intended use is educational, it is for sale and therefore competes directly with the published translation. Thus the four "fair use" factors weigh fairly heavily against this being considered fair use.

Best to get permission, if you can--be prepared for a "no" from the publisher, in which case your author should go back to the original and re-translate the passages that had been taken from the published translation.

Vance
(standard disclaimer #1 applies)

On 9/28/06, Kathy Tadlock <Kathy.Tadlock[_at_]wwu.edu> wrote:
>
>
> I have a professor of Japanese who has spent her summer compiling a manual
> of ancient Japanese stories (604 A.D.) and is including an English
> translation of the stories. She used an existing published English
> translation for parts of the material but some is her modification of the
> translation. The largest selection from any one source is about 9 pages.
>
> I'm waffling over the necessity of requesting copyright permission for the
> use of the translations. The original stories are public domain. Any
> thoughts or suggestions? This will be copied and sold to students at the
> University owned bookstore.
>
>
>
> Kathy Tadlock
> Support Services, Publishing Services
> Wilson Library 564
> Western Washington University
> Bellingham, WA 98225-9127
> Phone (360)650-3545
> Fax (360)650-7436
> kathy.tadlock[_at_]wwu.edu
>

-- 
Vance R. Koven
Boston, MA USA
vrkoven[_at_]world.std.com