Answers to: Can an unauthorised translation of a book enjoy copyright? (2024)

FAQs

Can an unauthorised translation of a book enjoy copyright? ›

In other words, if someone wants to translate a book, they need to obtain permission from the copyright owner to do so, and if they don't, the resulting translation would be considered an infringement of the copyright owner's rights.

Are Book Translations Copyrighted? Book translations are copyrighted, but the copyright is not always held by the translators themselves. Translators have the same rights over their work as authors, which means they are entitled to both the copyright of their translations and proper acknowledgement of their work.

In any case, if a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the new work in which such material has been used unlawfully, and the unauthorized translation may constitute copyright infringement.

Translations are recognized by copyright law as sufficiently original work to receive their own copyrights – as long as they weren't copied. Therefore, translators are considered authors and any original translation produced is protected by copyright law.

Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected ...

Then there is the translation of the source document. Translation is considered derivative work, protected by the same copyright as the original and owned and controlled by the author. If the author has granted permission for translation, the translator also now owns copyright.

Translation rights can be sold by the copyright holder of the original text, which, in most cases, is the publisher (if the book has been published traditionally). When trying to translate a book, the publisher will reach out to foreign publishers to try and convince them to buy the translation rights.

So, do you even need one? Your work is protected by intellectual property law as soon as it's written or saved (in every draft and edition) so it's not absolutely necessary to register your copyright, which is what people mean when they say “copyright your book”.

A translation can be considered original in the sense that it is a new and unique work created by the translator. However, it is not considered original in the sense that it is based on an existing text and does not contain any new ideas or information that is not present in the original source text.

What happens if you use something copyrighted without permission? ›

Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.

Only the copyright owner can authorize a translation that will be distributed. This includes works that are translated into another language and distributed in parts of the world where that language is spoken. Derivative works are infringing if they are not created with the permission of the copyright holder.

Paraphrase In Your Own Words: When writing, paraphrase the author while still giving credit. Don't just replace a few words! Set the original source aside and try to restate what the author is stating. However, you still need to cite the source and give credit to the author.

How long is the translation protected for? You are the author of a literary work, therefore you are entitled to exactly the same protection as any author of any literary work. Throughout most of the western world – but not all of it – you are protected for your life plus 70 years.

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.

A derivative work will be considered to be a copyright infringement if it was not authorized by the copyright owner. So, creative works like biographies and bestselling novels cannot be translated and distributed without permission from the author.

Books become public domain when the author's copyright expires. The books from the public domain enter the fair use situation, meaning you can use those books for movie adaptations without infringing copyright law.

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

If you want to interpret a published book into a foreign language and then sell that book in a country, how do you go about doing that? You first need to obtain the right to do that. That right may be owned by a publisher, an agent, or possibly the author; you'll then need to make them an offer.