RE: [Maybe Spam] Translation copyright

Kathy:  

Permission to use the translations is certainly called for if those translations were published after 1923. Translations are considered to be derivative works for which separate copyright rights exist. Thus, the fact that the source materials may be in the public domain (which may itself be an issue since although folk tales are in the public domain, the specific expression of them may not be -- see Italo Calvino's retelling of Italian folk tales) does not affect the translator's copyright in her or his translation.  

Michael R. Graham  

Michael R. Graham -- Ne Oublie
Marshall, Gerstein & Borun LLP
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-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Kathy Tadlock Sent: Thursday, September 28, 2006 4:01 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [Maybe Spam] [CNI-(C)] Translation copyright

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   

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