1. Whether the translation right can be transferred after obtaining the translation right
Obtaining the translation right Translation rights can be transferred.
Unlike trademark rights and patent rights, the transfer of copyright does not require registration before it takes effect. At the same time, the "Copyright Implementation Regulations of the People's Republic of China" 25 Article 11 stipulates that if an exclusive license contract or transfer contract is entered into with the copyright owner, it may be filed with the copyright administrative department. Judging from this, even if the copyright transfer is not subject to registration, it is still possible.
2. Can translated works be published?
Translated works can be published with the consent of the copyright owner.
Each country's "Copyright Law" may have different provisions. This consultant's work involves foreign works, and we cannot judge whether it is legal under this country's copyright law. Whether the provisions constitute infringement.
Article 12 of China's Copyright Law stipulates: "The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be determined by the adaptation, translation, , annotations, and organizers are entitled to it, but when exercising copyright, they must not infringe the copyright of the original work.
Whether it infringes the copyright of the original work needs to be analyzed in detail, as follows:
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(1) Translated works should fully respect the original intention of the original author
If translated works should be fully respected If the original author's original intention is translated directly without major modifications, then the copyright of the original work will not be infringed.
If you make a larger translation change,Then I think it constitutes an infringement of the copyright of the original work.
(2) The original work to be translated should be published
The original work to be translated If it has been published, the translation will not infringe the copyright of the original work. If it has not been published, the consent of the original author must be obtained.
If the original work has not been published and the translation has not been approved by the original author, then it constitutes infringement of the original author.
(3) There is another issue to distinguish here. The original author had a copyright statement when he first published it
We often see some works with such statements as: "Copyright, no copying" and other aphorisms declaring copyright.
If the original author states when first publishing that translation, adaptation, etc. are not allowed without the author's consent, then even the published work cannot be translated at will and must With the consent of the original author, such statements are of course rare in practice.
(4) Translated works should indicate the original source
Translating other people’s works, In addition to the name of the author of the translation, it should also be noted that it is a translated work and that it is based on a certain work of a certain person.
If there is no indication and people feel that the work is the original work of the translator, it will also constitute an infringement of the original author's copyright.
The above is the answer given by the editor of Legal Savior Network on "whether the translation right can be transferred after obtaining the translation right". We can understand that the translation right can be transferred after obtaining it. Translation rights, I hope it will be helpful to you. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
