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are translations copyrighted?

30 Apr 03 - 07:23 PM (#943971)
Subject: Are translations copyrighted?
From: GUEST,Kristine

When a song is translated from Gaelic (or any other language) to English, is the translation itself copyrighted? If so, where can one go to find information regarding the copyrighted translation?


30 Apr 03 - 07:26 PM (#943977)
Subject: RE: are translations copyrighted?
From: Sliding Down The Bannister At My Auntie's House

Oui!


30 Apr 03 - 09:25 PM (#944051)
Subject: RE: are translations copyrighted?
From: Joe Offer

Hi, Kristine - folkman's answer is correct (and very succinct).
Both the original text and the translation may be copyrighted. If you want to record or reprint a song, it's up to you to do the research and find out who to pay royalties to. If it's a commercially viable song, chances are you can get US royalties through the Harry Fox Agency's http://www.songfile.com/license_home.html.
If you need help researching a song, post a message in an existing thread on that particular song, or start a new thread if there's no existing one.
-Joe Offer-


01 May 03 - 06:42 AM (#944266)
Subject: RE: are translations copyrighted?
From: George Seto - af221@chebucto.ns.ca

My belief is that the song, even in translation, is copyright protected by the original author.

IF you remember, the protection refers to "copies in any form". I know that Song for the Mira (aka Out on the Mira) has been translated into at least 15 different languages, including Gaelic, Mi'kmaq, French, is under Allister MacGillivray's copyright.

As someone who translates material from GAelic to English, I feel it incumbent to protect the rights of the original author of songs.


17 Jun 06 - 08:59 PM (#1762534)
Subject: RE: are translations copyrighted?
From: GUEST,Mark

Hmm,

I'm not sure I know if you understand all aspects of the question, with your answers (whether or not the original person asking did).

Anyway, my slant on the question is,

if there is an ancient public domain resource in a foreign language, and you translate it into English, can you own the copyright of the translation? No one can own the copyright for the original (seeing as it's public domain).


17 Jun 06 - 09:15 PM (#1762540)
Subject: RE: are translations copyrighted?
From: Malcolm Douglas

A translation attracts copyright just like any other piece of writing. In the case of a translation from a genuinely public domain text, copyright in that precise translation would obviously rest with its creator, provided that the translation is original work.


17 Jun 06 - 09:24 PM (#1762545)
Subject: RE: are translations copyrighted?
From: Richard Bridge

The answer in English law is very simple. A translation is itself an adaptation and therefore has its own copyright. It is also a reproduction and therefore if the original is in copyright permission of the copyright owner is (subject to the usual exceptions and defences) needed to make the translation. If both the original and the translation are in copyright then (subject as aforesaid) reproducing the translation requires the permission of the copyright owners of both the original and the translation. If the original is not in copyright then the translation cannot infringe copyright in the original. A fresh translation of the original does not copy the translation so does not infringe the copyright in it.


17 Jun 06 - 11:02 PM (#1762583)
Subject: RE: are translations copyrighted?
From: GUEST,Mark

Hmm,

If there was a public domain song, and a guy translated it, and the translator died in 1989, how long do I need to wait in order for the translation to be public domain (i.e. if I wanted to transcribe and submit the song to cpdl.org or something)? However, the translation may be owned by a company, and so I'm not sure if it'll ever become public domain.


17 Jun 06 - 11:26 PM (#1762592)
Subject: RE: are translations copyrighted?
From: Malcolm Douglas

The same time you would have to wait for any other copyright to expire; depending, up to a point, on what country's laws apply. See earlier threads on the subject (links above).

If you don't want to wait nearly 50 years, do your own translation; or tell us exactly what song you are talking about. There may be older translations, perhaps, that you aren't aware of.


18 Jun 06 - 04:42 AM (#1762653)
Subject: RE: are translations copyrighted?
From: Richard Bridge

Precisely so


18 Jun 06 - 02:35 PM (#1762951)
Subject: RE: are translations copyrighted?
From: George Seto - af221@chebucto.ns.ca

Any translation I do, whether good or bad, I consider the copyright of the original song writer.