RE: [lists] Query about copyright on translations

[Edward Barrow <edward@xxxxxxxxxxxxx>]

On Monday, July 07, 2003 11:51 PM, Fritts, Jack [SMTP:JFritts@xxxxxxx] 
wrote:
> One of my staff is working with a faculty member who wants to compile a
> selection of excerpts of German literature from the public domain 
(covering
> several centuries), accompanied by translations.  They've asked me if 
there
> are any copyright issues regarding the translations.  Can anyone help me
> with this one, please?
>

Translations are copyright works themselves; the copyright in the 
translation belongs to the translator to begin with and lasts for the life 
of the translator plus 70 years.

Translation is an act restricted by copyright, so it requires the consent 
of the owner of the copyright in the original, but obviously not if the 
original has fallen out of copyright.

If both original and translation are in copyright, reproduction etc. 
requires the consent of both author and translator. If the original is out 
of copyright and the translation remains in copyright, only the translat  
or's consent is required. If both are out of copyright, neither is 
required.

Hypothetical question: while this is clearly the case for human 
translations, which are creative works, what is the position with BabelFish 
or other machine translations?

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
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