Re: obscure derivative works question

John Noble writes:
>
> But (just to complicate the hypothetical with facts that actually
> present themselves in a matter I'm handling) what if you translated
> my work without authorization.

A translation without authorization may or may not be a breach of the original copyright.

> May I, without your authorization (since you don't have a copyright)
> "appropriate" your translation and distribute it commercially.

No. The translator owns copyright in the translation without ambiguity. Of course, any unauthorized commercialization by the translator will almost certainly be actionable as a breach of copyright in the original (untranslated) work.

> May I also prevent third parties from copying your translation and
> distributing it on the theory that they also are infringing on my
> original work?

That certainly is how I read the legislation. Every copy of a derivative work is an infringement of the original work absent some defence or authorization.

> Does it matter whether the translation was prepared for the
> translator's personal edification and enjoyment (hint:fair use) as
> opposed to his commercial enrichment.

I don't think it should (other than by a counterclaim for infringement of the original work) but what the courts will do is anybody's guess. I would be surprised if this issue had not been litigated somewhere in the past (although nothing springs to mind).  

Tim Arnold-Moore, LL.B. (Melb)        | Multimedia Database Systems, RMIT  |
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