APG-L Archives
Archiver > APG > 2009-07 > 1247862767
From:
Subject: Re: [APG] Copyright question
Date: Fri, 17 Jul 2009 16:32:47 EDT
Claire-
I do not believe the translator HAS any copyright. The translator created a
derivative work and this would require the permission of the original
copyright holder. Since there was no permission--the translator is guilty of
copyright infringement.
The above opinion is based upon my understanding of translation copyright
from The Copyright Handbook by Fishman, chapter 7, page 4.
Joan
In a message dated 7/17/2009 4:20:04 P.M. Eastern Daylight Time,
writes:
I would welcome opinions about another copyright question, which came
up in discussion with a colleague.
About ten years ago a researcher translated a memoir written in a
European language into English, and published the translation in the
U.S. Within the last two years, without permission or notice, a
relative of the translator, —who could not read the memoir in the
original language, —used the published English version (copyrighted,
obviously) to re-translate the work into another European language.
This was done primarily so the memoir writer's daughter (who was also
unable to read the work in the original language) could read her
mother's work. Supposedly, only a single copy of the re-translation
exists.
Questions:
1. Has the translator's copyright been infringed?
2. If so, does the English-language translator have any recourse?
I realize a lot of previous discussion on copyright can be found in
the list archives. Because this situation is different from others
I've seen raised here, I'd be grateful for your thoughts, opinion,
observations.
Thank you, in advance.
Claire
Claire Bettag
1685 34th Street NW
Washington, DC 20007
202-625-2598
cell: 202-436-2121
.
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