1. Does translating foreign articles infringe copyright?
Translating and using other people’s copyrighted articles To write an article, you should obtain permission and pay remuneration, otherwise it will constitute copyright infringement and you should be liable for compensation.
Whether the translated foreign language works are suspected of infringement: In the creation of news reports and other works, foreign language works are often compiled.
The so-called compilation usually refers to use without authorization although the name of the original author is noted. Generally, there are two situations.
One is to only choose to extract part of the content from the foreign language work for translation without adding translation of your own creation;
The other is to select and translate foreign language works while also adding an appropriate amount of content created by the translator himself.
No matter which situation occurs, it may constitute infringement of foreign language works.
The first situation is excerpting, that is, excerpting part of the original work and translating it, which constitutes infringement of the work.
Although the second type adds the translator's own content, there is still a large amount of use of the original work, which exceeds the scope of fair use, which also constitutes infringement. If the name of the original author and the title of the work are not indicated, no matter what kind of compilation it is, it will infringe the original copyright owner's right of signature.
2. How to determine the copyright protection period for foreign language works
More recently Disputes over the determination of the copyright protection period of foreign works have continued to occur in recent years. Many publishing units are also troubled by this. Countries have different regulations regarding the copyright protection period.
As stipulated in my country’s Copyright LawThe copyright protection period of a work is consistent with the provisions of the Berne Convention, which is generally the life of the author plus 50 years after death. Some countries have stipulated longer protection periods. For example, the United States and EU member states have extended the protection period to the author's lifetime plus 70 years after death, which is also in line with the provisions of the Berne Convention.
As for how countries with different protection periods determine the protection period for each other, the principle stipulated in the Berne Convention is: Unless the country stipulates otherwise, the protection period should be Determined in accordance with the legal provisions of the country where protection is requested.
So far, our country has not signed a reciprocal agreement with any other country on the issue of copyright protection period. Based on the above principles, when translating and publishing foreign language works, if the protection period from a member country of the Convention is longer than the time stipulated in our country's Copyright Law, the protection period should be calculated according to the protection period stipulated in our country's Copyright Law, that is, the lifetime of the author plus 50 years after death. Our country will not protect the excess.
When translating and using other people's copyrighted articles, you should obtain permission and pay remuneration. Otherwise, it will constitute copyright infringement and you should be liable for compensation. The protection period of copyright is the lifetime of the author plus 50 years after death. Our country will not protect the excess. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
