Re: Translation copyright

Kathy Tadlock wrote:

> She used an existing
> published English translation for parts of the material but some is her
> modification of the translation.

> I'm waffling over the necessity of requesting copyright permission for
> the use of the translations. The original stories are public domain.

As a translator, I can tell you that this is a hot topic on many translators' forums. The Berne Convention says that a translation is a literary work in its own right but an edited version of a text is simply a version of the original. Whether you agree with this or not, it means that there is copyright on the translation of a public domain story, and you need the translator's permission to use it. When applying fair use principles, do not regard the translation as a translation -- rather, regard it as an original literary work (because that's how the Berne Convention regards it).

The question is... whose permission would you need for using the translations? This differs depending on the laws of different countries. In ZA, where I'm from, it would depend on whether the translation was done by an employed, salaried worker or by a contracted freelancer. In the USA, I believe different principles apply, and the author of the translation is not necessarily the copyright holder.

Samuel Received on Sat Sep 30 2006 - 02:02:16 GMT