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-   -   OT Mostly - copyright ? regarding translating (http://www.craftbanter.com/showthread.php?t=25611)

Jeanine3 July 4th 04 10:31 PM

OT Mostly - copyright ? regarding translating
 
Does anyone know what the rules are with regard to copyright and
translations? Does anyone know where I can find out?
For example: if I translate a published piece into another language and
quote the source and don't use the photos can I use the translation? Not
for resale or profit, but just to inform others who are not able to read
the original language?
Any help is appreciated.
Jeanine in Canada


Dawne Peterson July 4th 04 10:54 PM


"Jeanine3" wrote...
Does anyone know what the rules are with regard to copyright and
translations? Does anyone know where I can find out?
For example: if I translate a published piece into another language and
quote the source and don't use the photos can I use the translation? Not
for resale or profit, but just to inform others who are not able to read
the original language?


A great big "it depends". A translation of a literary work is itself
copyright, since the translation involves creative choices--different
translations can be very different.
Translations of other things will depend on what is being translated and
how it is being translated.
Dawne



Dr. Brat July 4th 04 11:54 PM

Dawne Peterson wrote:
"Jeanine3" wrote...

Does anyone know what the rules are with regard to copyright and
translations? Does anyone know where I can find out?
For example: if I translate a published piece into another language and
quote the source and don't use the photos can I use the translation? Not
for resale or profit, but just to inform others who are not able to read
the original language?


A great big "it depends". A translation of a literary work is itself
copyright, since the translation involves creative choices--different
translations can be very different.
Translations of other things will depend on what is being translated and
how it is being translated.


Don't translators have to get permission in order to translate, though?

Elizabeth
--
*~*~*~*~*~*~*~*~*~*~living well is the best revenge~*~*~*~*~*~*~*~*~*
The most important thing one woman can do for another is to illuminate
and expand her sense of actual possibilities. --Adrienne Rich
*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ *~*~*~*~*~*~*~*~*~*


Jeanine3 July 5th 04 03:48 AM

This is what I'm wondering... to be more specific, I'm not translating
entire books, just chapters or even paragraphs of mostly historical info
and technique (needlework related). Since there are no stitch diagrams
I'd have to make my own or at least scan any of my own experiments on my
doodle cloth. Again, this is not to be published - but I don't want to
get into trouble either. Would forming a synopsis of the direct
translation be safer (even if you quoted where you read it like a
bibliography?) I wonder.
Jeanine in Canada

Dr. Brat wrote:


Don't translators have to get permission in order to translate, though?

Elizabeth



Mirjam Bruck-Cohen July 5th 04 03:51 AM

If you translate the whole piece and share it with others , you
better ask permission from the publisher , explaining whom you intend
it to , usually they give persmission [and many a time did they
request that i send them the translation !!!!]
mirjam

Does anyone know what the rules are with regard to copyright and
translations? Does anyone know where I can find out?
For example: if I translate a published piece into another language and
quote the source and don't use the photos can I use the translation? Not
for resale or profit, but just to inform others who are not able to read
the original language?
Any help is appreciated.
Jeanine in Canada



Dr. Brat July 5th 04 04:18 AM

Jeanine3 wrote:
This is what I'm wondering... to be more specific, I'm not translating
entire books, just chapters or even paragraphs of mostly historical info
and technique (needlework related). Since there are no stitch diagrams
I'd have to make my own or at least scan any of my own experiments on my
doodle cloth. Again, this is not to be published - but I don't want to
get into trouble either. Would forming a synopsis of the direct
translation be safer (even if you quoted where you read it like a
bibliography?) I wonder.


If I were you, I would look up copyright rules under "fair use." In
other words, part of copywritten material may be used for teaching and
learning purposes as long as the teacher or employer owns an original
and as long as only a small percentage of the work in copied. Be sure
to cite the parts you translate and to note that it is your translation.

Elizabeth
--
*~*~*~*~*~*~*~*~*~*~living well is the best revenge~*~*~*~*~*~*~*~*~*
The most important thing one woman can do for another is to illuminate
and expand her sense of actual possibilities. --Adrienne Rich
*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ *~*~*~*~*~*~*~*~*~*


Mirjam Bruck-Cohen July 5th 04 04:53 AM

If it is a row or two , it is enough that you quote where you
translated it from [and say you translated it !!!] if it is a cahpter
you better ask the publisher .
about a synopsys , if you write it for your own teaching ,, no need to
ask permission.

mirjam

This is what I'm wondering... to be more specific, I'm not translating
entire books, just chapters or even paragraphs of mostly historical info
and technique (needlework related). Since there are no stitch diagrams
I'd have to make my own or at least scan any of my own experiments on my
doodle cloth. Again, this is not to be published - but I don't want to
get into trouble either. Would forming a synopsis of the direct
translation be safer (even if you quoted where you read it like a
bibliography?) I wonder.
Jeanine in Canada

Dr. Brat wrote:


Don't translators have to get permission in order to translate, though?

Elizabeth




Jeanine3 July 5th 04 05:02 AM

I see nothing (could have missed it) under "fair use" that directly
mentions translations, however I did find this:

http://www.legal-database.com/derivative-work.htm

Please forgive me as pasting it here is probably copyright infringement
so I just put the url. It's supposed to be "easy to understand" but I
don't understand it at all. :-(

thanks for the help!
Jeanine in Canada

Dr. Brat wrote:

If I were you, I would look up copyright rules under "fair use." In
other words, part of copywritten material may be used for teaching and
learning purposes as long as the teacher or employer owns an original
and as long as only a small percentage of the work in copied. Be sure
to cite the parts you translate and to note that it is your translation.

Elizabeth



Dr. Brat July 5th 04 01:01 PM

Jeanine3 wrote:
I see nothing (could have missed it) under "fair use" that directly
mentions translations, however I did find this:

http://www.legal-database.com/derivative-work.htm

Please forgive me as pasting it here is probably copyright infringement
so I just put the url. It's supposed to be "easy to understand" but I
don't understand it at all. :-(


Essentially it says that if your work is based on somebody else's idea
(as a translation must be) then you have no copyright protection because
you are infringing on the original author's, unless you got permission
to derive from their work. However, that assumes you are deriving the
whole work. That's what I meant about getting permission to translate.
But fair use applies to works that are used for educational purposes
and where you only use a bit and that should include translations.

If the work you are translating is under copyright to the original
writer, here is what you must consider in order to decide if you need
permission to translate: http://www.starr.net/is/fu.html. Fair use also
demands that you cite the original author and that you note that the
translation is yours (or whoever's).

BTW, pasting that paragraph on derivative work, with a citation, would
not have been copyright infringement. It would have been fair use
because you would have been posting a portion of a larger work for
purposes of discussion.

Elizabeth
--
*~*~*~*~*~*~*~*~*~*~living well is the best revenge~*~*~*~*~*~*~*~*~*
The most important thing one woman can do for another is to illuminate
and expand her sense of actual possibilities. --Adrienne Rich
*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ *~*~*~*~*~*~*~*~*~*


Jeanine3 July 5th 04 05:50 PM

Thank you Elizabeth and others for helping me to understand this. So
IIUC then my translations (it never occurred to me to worry about the
copyright of my own translations - should I care about that?) should
include a byline with my own name below where I credit the source and
since I don't charge for the information or publish it, or massively
distribute it, then I don't really _need_ to request permission?
However, it's only polite to do so anyway. I will create a letter asking
permission and send them off. Then at least I have shown good faith. As
in the case of reprinting "freebie" charts in my Guild's newsletter,
most designers gave permission and thanked me for asking. These were
North American designers and I have no idea what the European take on
this all is... we'll soon see.
Thanks so much everyone!
Jeanine in Canada

Dr. Brat wrote:


Essentially it says that if your work is based on somebody else's idea
(as a translation must be) then you have no copyright protection because
you are infringing on the original author's, unless you got permission
to derive from their work. However, that assumes you are deriving the
whole work. That's what I meant about getting permission to translate.
But fair use applies to works that are used for educational purposes
and where you only use a bit and that should include translations.

If the work you are translating is under copyright to the original
writer, here is what you must consider in order to decide if you need
permission to translate: http://www.starr.net/is/fu.html. Fair use also
demands that you cite the original author and that you note that the
translation is yours (or whoever's).

BTW, pasting that paragraph on derivative work, with a citation, would
not have been copyright infringement. It would have been fair use
because you would have been posting a portion of a larger work for
purposes of discussion.

Elizabeth




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