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Copyright vis-a-vis TranslationViews: 642
Jan 04, 2009 5:51 amCopyright vis-a-vis Translation#

sampath narasimhan
Can any one please clarify........?

1) Whether the Text in Target Language Translated
from Source Language (for egl.,text in Hindi
translated from English) will be treated as
a copyright of the Translator?

2)If the answer is ' yes ' then,

whether the Translator can litigate against the
a) end user and b) the person/agency through whom
the project is obtained if they use
"the translated text" without making
payment to the Translator ?

3)What about Royalty?

Delayed payment and nonpayment are some of the
problems faced by Translators.

Private Reply to sampath narasimhan

Jan 06, 2009 10:44 amre: Copyright vis-a-vis Translation#

Urvashi Basak
Dear Sampath,

Translation of a literary work is itself a literary work and is entitled to copyright protection as an original work, without prejudice to the copyright in the original work, if it is original and the author has expended sufficient labour and skill in it. Please also note that if copyright subsists in the original work then reproduction or publication of the translation without the consent or licence of the owner of the copyright in the original will constitute infringement.

Hence, it should be noted that two separate rights may exist where there has been a translation. Namely the right of the owner of the copyright in the original work to restrain reproduction, etc., of the original or any translated form, and the right of the owner of the copyright in the translation to restrain reproduction of his translation. Anyone wishing to reproduce a particular translation should therefore obtain a licence from the owner of the copyright in both the original and translation. The position will be the same even where Bís translation was unauthorized since, although an infringement, it will be entitled to copyright.

I hope the above satisfies your query.

As far as royalty is concerned that should be exclusively mentioned in the assignment agreement that a translator is entering with an assignee.

Private Reply to Urvashi Basak

Jan 06, 2009 6:09 pmre: Copyright vis-a-vis Translation#

Jayant Tewari, OutSourced CFO
If the Translator is contracted by the Copyright Owner or Licensee of the Copyright Owner, the copyright remains with the Contractor and not with the Translator - standard work for hire terms apply. Non-payment cannot be grounds for tights to accrue to the Translator unless specifically stated in the Contract - a standard phrasing I've reccomended is that "all rights in the output shall pass to the Customer on full payment therefor" ...
As a translator all litigation is restricted to civil suit for recovery of dues, unless the above phrasing is used. You have no right to restrict usage of your output without your bing paid ...
Royalty, if at all, would be as per the contract .... while its feasible conceptually, you'll need to evaluate a cash price vs future royalty pricing trade-off.
Heartiest Condolences .... and all the best !!!

Private Reply to Jayant Tewari, OutSourced CFO

Jan 07, 2009 9:33 amre: re: Copyright vis-a-vis Translation#

Urvashi Basak
A translator, can initiate various proceedings against an infringer of his work; under two heads i.e. civil and criminal. Civil proceedings will constitute, suit for recovery of royalty; suit for permanent and temporary injunctions restraining infringement of copyright, passing off, delivery up, damages etc. and also revocation of assignments before the Copyright Board.

Criminal proceedings can also be initiated against the infringer but these will be basically for penalization of the infringer. Damages can also be claimed in these proceedings.

Private Reply to Urvashi Basak

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