Re: Translation copyright

translations are copyrightable as derivative works. the question in the US is whether there is enough creativity in the translation to be copyrightable under the Feist standard (it actually is a bit more complex than this, but this will do here).

Any translation involves judgment, creativity, phrasing, art, etc., easily passing the Feist standard.

So, while the original versions are public domain, the translations are not.

The same is true for any translation of Aristotle's Rhetoric or the plays of ancient Greeks or translations of Cyrano de Bergerac.

Steve

On Sep 28, 2006, at 5:00 PM, Kathy Tadlock 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
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008	                         http://iipsj.com/SDJ/

A word is dead
When it is said,
Some say.
I say it just
Begins to live
That day.

Emily Dickinson 1872