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Translating copyrighted material
Thread poster: Ana Talos
Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
Jul 4, 2020

Hi
if I want to translate material that is copyrighted do I have to pay any royalties or anything to the people that hold the copyright and how do I do that who do I contact? How would I find who holds the copyright and how to contact them for that to ask for permission?

If I translate works from the public domain does that mean that I own the copyrights to my translation? And lastly if I translate something, does that mean that I own the copyright?

One more thi
... See more
Hi
if I want to translate material that is copyrighted do I have to pay any royalties or anything to the people that hold the copyright and how do I do that who do I contact? How would I find who holds the copyright and how to contact them for that to ask for permission?

If I translate works from the public domain does that mean that I own the copyrights to my translation? And lastly if I translate something, does that mean that I own the copyright?

One more thing I kind of wanted to ask is if I interpret it, and I don’t necessarily do it Word for Word in another language or the same language that I take it from would I break any laws?
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Joakim Braun
Joakim Braun  Identity Verified
Sweden
Local time: 10:32
German to Swedish
+ ...
Replies Jul 4, 2020

Ana Talos wrote:

if I want to translate material that is copyrighted do I have to pay any royalties or anything to the people that hold the copyright and how do I do that who do I contact?



You don't need to pay to translate, as long as you don't publish your translation (make it available for others).
If you publish your translation, you MUST have the agreement of the copyright holder, which usually involves payment.

Ana Talos wrote:
How would I find who holds the copyright and how to contact them for that to ask for permission?


Every book and publication has a copyright statement. You'll be able to find the contact information if you want to.

Ana Talos wrote:
If I translate works from the public domain does that mean that I own the copyrights to my translation?


Yes. In most jurisdictions the copyright is automatic, but in some you need to register your work.

Ana Talos wrote:
And lastly if I translate something, does that mean that I own the copyright?


If it's with the agreement of the original copyright holder, you may own the copyright, depending on what the agreement says.
Otherwise, it's a copyright infringement if you publish it.

Ana Talos wrote:
One more thing I kind of wanted to ask is if I interpret it, and I don’t necessarily do it Word for Word in another language or the same language that I take it from would I break any laws?


If it's with the agreement of the original copyright holder, it's all right.
If not, it probably depends on whether the amount of reinterpretation has originality enough to be regarded as an independent work of art. That's a barrier way higher than translation style.
If there is no copyright, it's probably all right (but there is such a thing as a "moral right").


Ana Talos
 
Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
TOPIC STARTER
Thank you very much Jul 4, 2020

What if I contact the copyright holder and they don't respond? Or if they are dead? and they don't have any family? It's probably in the public domain then(?)
and if they do have family: if I contact them they should tell me how much it would be to let me publish, correct?


 
Joakim Braun
Joakim Braun  Identity Verified
Sweden
Local time: 10:32
German to Swedish
+ ...
Replies Jul 4, 2020

Ana Talos wrote:

What if I contact the copyright holder and they don't respond?


Then you can't use the material, since you don't have permission.

Ana Talos wrote:
Or if they are dead? and they don't have any family? It's probably in the public domain then(?)


No, it's definitely not in the public domain until the copyright term has expired.
Pretty much everybody has an heir, even if it's a state agency or some remote relative.
It's up to you to find the copyright owner.

Ana Talos wrote:
and if they do have family: if I contact them they should tell me how much it would be to let me publish, correct?


Yes, if they do own the copyright, that's who you negotiate with. They have no obligation to respond.


Ana Talos
Samuel Murray
Edwin den Boer
Kang Seok Lee
 
Sadek_A
Sadek_A  Identity Verified
Local time: 13:32
English to Arabic
+ ...
depends Jul 4, 2020

Keywords here are knowledge, cash and resources.

Translating copyrighted material without permission is the same as translating non-copyrighted material. How the translation is going to be used is what decides your legal position. A copyrighted material's translation that is disseminated on a for-profit, wide scale will grab attention and cause exposure. Knowledge of that non-permitted use will work up copyright-holder(s) appetite to reap some, if not all, of the generated profit.... See more
Keywords here are knowledge, cash and resources.

Translating copyrighted material without permission is the same as translating non-copyrighted material. How the translation is going to be used is what decides your legal position. A copyrighted material's translation that is disseminated on a for-profit, wide scale will grab attention and cause exposure. Knowledge of that non-permitted use will work up copyright-holder(s) appetite to reap some, if not all, of the generated profit.

Therefore, such for-profit, wide-scale use will need to be done by someone with resources, both money and information resources, which means locating, contacting and paying said holder(s) should be an easy task for that someone.

You hold the copyright to all of your translations. But, to defend that copyright, the above keywords will have to come into play. Did you manage to get confirmed knowledge of non-permitted use of your translations? Is the money big enough to go into a fight? Do you have the resources for that fight? Hence, a good strategy is to charge a translation rate that satisfies the copyright-beast within the translator in the first place.

Same keywords apply to your third question. Did they manage to know of your interpretation? How much money will they be fighting for? Do they have the resources to expose and litigate your interpretation?

Lastly, if there is individual copyright-holder no longer, respective country and its authorities may go into the fight, depending on how valuable and profitable the copyrighted material is.
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Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
TOPIC STARTER
Thanks Jul 4, 2020

Joakim Braun wrote:


Yes, if they do own the copyright, that's who you negotiate with. They have no obligation to respond.


Thanks!


 
Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
TOPIC STARTER
Thanks Jul 4, 2020

Sadek_A wrote:

Keywords here are knowledge, cash and resources.

Translating copyrighted material without permission is the same as translating non-copyrighted material. How the translation is going to be used is what decides your legal position. A copyrighted material's translation that is disseminated on a for-profit, wide scale will grab attention and cause exposure. Knowledge of that non-permitted use will work up copyright-holder(s) appetite to reap some, if not all, of the generated profit.

Therefore, such for-profit, wide-scale use will need to be done by someone with resources, both money and information resources, which means locating, contacting and paying said holder(s) should be an easy task for that someone.

You hold the copyright to all of your translations. But, to defend that copyright, the above keywords will have to come into play. Did you manage to get confirmed knowledge of non-permitted use of your translations? Is the money big enough to go into a fight? Do you have the resources for that fight? Hence, a good strategy is to charge a translation rate that satisfies the copyright-beast within the translator in the first place.

Same keywords apply to your third question. Did they manage to know of your interpretation? How much money will they be fighting for? Do they have the resources to expose and litigate your interpretation?

Lastly, if there is individual copyright-holder no longer, respective country and its authorities may go into the fight, depending on how valuable and profitable the copyrighted material is.


Thanks
that makes sense. It gets complicated.


 
Lincoln Hui
Lincoln Hui  Identity Verified
Hong Kong
Local time: 17:32
Member
Chinese to English
+ ...
Find a publisher Jul 5, 2020

You need to secure a publisher first, whether by pitching it or self-funded publishing. They will know how to secure the necessary rights, and if they don't, find another publisher.

If the copyright holder is a publisher, they will generally simply not deal with individuals.


Ana Talos
 
Renata Machado
Renata Machado  Identity Verified
Brazil
Local time: 06:32
English to Portuguese
+ ...
If you get the author´s consent, fair enough. Jul 5, 2020

What does inspiration mean to you? Are you a creative person? If you feel like writting something related to the book(s) you read, or something that you experienced and/or eventually share etc something with others, it would be amazing. My suggestion is that you write something using your own words, in a way that people would understand it in a clear way in your own language. For you to get someone´s document, book, article or anything that "belong" to someone, you would need the person´s auth... See more
What does inspiration mean to you? Are you a creative person? If you feel like writting something related to the book(s) you read, or something that you experienced and/or eventually share etc something with others, it would be amazing. My suggestion is that you write something using your own words, in a way that people would understand it in a clear way in your own language. For you to get someone´s document, book, article or anything that "belong" to someone, you would need the person´s authorization ahead. It would be the same as taking someone´s bike without asking for permission and than you would like to sell that in the future? Translating just for translating, well... you are free to translate whatever you want just to practice translating. The point is, what is your intention. Give respect, you get respect. How would you feel if you write something and there is a "smart cookie" who decides to translate and just "sell you idea" somewhere else? We all deserve respect personally and mainly, professionally. If you get the author´s consent, fair enough.Collapse


Ana Talos
 
finnword1
finnword1
United States
Local time: 05:32
English to Finnish
+ ...
Not your problem Jul 5, 2020

What your customer does with your translation, should be his responsibility. Let's assume that you are trying to translate copyrighted material in a foreign language that you don't totally understand, and copy and paste a sentence to Google Translator. So, who translated it? You or Google? Google, of course. Did it get published? Probably, since Google is believed to steal everything that is sees. So, does this mean that you are not allowed to look up anything using Google, if you are not sure t... See more
What your customer does with your translation, should be his responsibility. Let's assume that you are trying to translate copyrighted material in a foreign language that you don't totally understand, and copy and paste a sentence to Google Translator. So, who translated it? You or Google? Google, of course. Did it get published? Probably, since Google is believed to steal everything that is sees. So, does this mean that you are not allowed to look up anything using Google, if you are not sure that it's not copyrighted? I don't think so.Collapse


Ana Talos
 
Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 10:32
Member (2006)
English to Afrikaans
+ ...
@Ana Jul 5, 2020

My opinion is broadly similar to Joakim's.

Ana Talos wrote:
If I translate works from the public domain, does that mean that I own the copyrights to my translation?

Yes (unless you sell it or give it away, or unless the law of your country states that the copyright belongs to someone else automatically). For example, in some countries, in some circumstances, copyright goes to the employer or to the person who commissions (and pays for) the translation, and not to the translator.

And lastly if I translate something, does that mean that I own the copyright?

Yes (unless you sell it or give it away, or unless the law of your country states that the copyright belongs to someone else automatically). However, even if you own the copyright of your translation, you still need the original text's copyright holder's permission to publish and sell your translation.

If I want to translate material that is copyrighted, do I have to pay any royalties or anything to the people that hold the copyright?

You have to get their permission, and this usually involves some kind of payment. You must also make sure that your agreement with them covers exactly what you intend to do (e.g. publish, and how/where/when). For example, publishing via e-books or audio books is not necessarily included in an arrangement to "publish".

...and how do I do that / who do I contact? How would I find who holds the copyright and how to contact them for that to ask for permission?

This can be very difficult because the copyright holder is not required to reveal himself, even if someone wants to give him money. If the book was published, you can try to contact the publisher and ask them.

Joakim Braun wrote:
Every book and publication has a copyright statement. You'll be able to find the contact information if you want to.

Not all publications have this. Unfortunately copyright law does not require the copyright holder to identify himself anywhere. He only needs to prove that he's the copyright holder at the time that he chooses to reveal his identity, and if you don't have his permission to have translated his work, then you're in breach of copyright. Many books do identify the publisher, but the publisher is not necessarily the copyright holder. Many books identify the author(s), but the author is not necessarily the copyright holder.

Ana Talos wrote:
What if I contact the copyright holder and they don't respond?

If they don't respond, then you're out of luck. I'm not aware of any law in any country that require a copyright holder to respond, in order for his copyright to remain valid. If you are not 100% sure that a work is public domain, you should not attempt to translate and publish it without securing the copyright holder's permission.

That said, you could (if you want to) take the risk and go ahead with the publication, in the hope that you can settle the issue with the copyright holder afterwards. It is a civil matter, after all. But it's a gigantic risk.

Or if they are dead? And they don't have any family?

In the EU and AFAIK in the US, a text remains copyrighted for 70 years after the death of the author, even if the author dies without any heirs. (Other periods of time apply for various special circumstances.)

If the author truly died without any heirs and without any will/testament, his estate may still have been transferred to someone (and this includes his copyright).

[Edited at 2020-07-05 20:42 GMT]


Ana Talos
 
Edwin den Boer
Edwin den Boer  Identity Verified
Netherlands
Local time: 10:32
Member (2009)
English to Dutch
It would help to know what you want to achieve Jul 6, 2020

Hi Ana, can I ask what your goal is - why you're asking this? Do you want to translate your favorite novel for publication? In that case, the rights are usually handled by publishers. And publishers are usually not looking for suggestions from random translators. If you want to publish a translated book yourself, it will require some paperwork.

In addition to the previous answers, I'd like to clarify that there are many types of IP and copyright. Translation copyright should be unde
... See more
Hi Ana, can I ask what your goal is - why you're asking this? Do you want to translate your favorite novel for publication? In that case, the rights are usually handled by publishers. And publishers are usually not looking for suggestions from random translators. If you want to publish a translated book yourself, it will require some paperwork.

In addition to the previous answers, I'd like to clarify that there are many types of IP and copyright. Translation copyright should be understood as ownership of the transformation from source text to target text. You'll need the right to publish the source text in order to publish the translation.

If you just want to publish a random translation as a sample of your work, I'd recommend translating a text that's in the open domain, preferably one published under a permissive license that allows translation or republication without asking for permission. An old text that had its copyright expire would probably not give a realistic impression. For one of my websites I used sample texts from open-source software projects and from United States government agencies. Strictly speaking, only US citizens have the right to use creations of the US government, but in practice, copyright is never enforced.

[Edited at 2020-07-06 18:53 GMT]
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Ana Talos
 
Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
TOPIC STARTER
true Jul 6, 2020

finnword1 wrote:

What your customer does with your translation, should be his responsibility. Let's assume that you are trying to translate copyrighted material in a foreign language that you don't totally understand, and copy and paste a sentence to Google Translator. So, who translated it? You or Google? Google, of course. Did it get published? Probably, since Google is believed to steal everything that is sees. So, does this mean that you are not allowed to look up anything using Google, if you are not sure that it's not copyrighted? I don't think so.


yes, true. the only reason or purpose I want to translate it is to preserve it for 500 years from now, the way Voltaire has been or Shakespeare in different languages. I think with the computer age it can be possible. What if I translate it, live another 80 years and publish it before I die? Bot me and the original writer would have been dead for more than 50 years. I can't imagine a world without the bible or Shakespeare ever have been translated due to copyrights. I'm grateful for the translators who made it available to humanity.


 
Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
TOPIC STARTER
where do I find publishers? Jul 6, 2020

Lincoln Hui wrote:

You need to secure a publisher first, whether by pitching it or self-funded publishing. They will know how to secure the necessary rights, and if they don't, find another publisher.

If the copyright holder is a publisher, they will generally simply not deal with individuals.


Are publishers listed in a book somewhere? I'll look around.


 
Ana Talos
Ana Talos
United States
Local time: 02:32
English to Romanian
+ ...
TOPIC STARTER
thanks Jul 6, 2020

Edwin den Boer wrote:

Hi Anne, can I ask what your goal is - why you're asking this? Do you want to translate your favorite novel for publication? In that case, the rights are usually handled by publishers. And publishers are usually not looking for suggestions from random translators. If you want to publish a translated book yourself, it will require some paperwork.

In addition to the previous answers, I'd like to clarify that there are many types of IP and copyright. Translation copyright should be understood as ownership of the transformation from source text to target text. You'll need the right to publish the source text in order to publish the translation.

If you just want to publish a random translation as a sample of your work, I'd recommend translating a text that's in the open domain, preferably one published under a permissive license that allows translation or republication without asking for permission. An old text that had its copyright expire would probably not give a realistic impression. For one of my websites I used sample texts from open-source software projects and from United States government agencies. Strictly speaking, only US citizens have the right to use creations of the US government, but in practice, copyright is never enforced.


Thanks Edwin
my purpose I guess is to preserve spiritual works and make them available in other languages. I'll check into the things you mentioned.


 
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