1. Is the translated work a deductive work?
1. A deductive work, It means that the work that has been adapted, translated, annotated, and organized is a work derived from the author's creative work based on the existing work, and the copyright belongs to the person who adapted, translated, annotated, and organized it.
2. The act of interpretation is the creative labor of the interpreter and is also a way of creation.
3. A performance work is a work based on another pre-existing work. Its creativity lies in the adaptation of pre-existing works, or in the innovative elements of translating them into other languages. Protection of derivative works shall not infringe upon the copyright in said original work.
4. The copyright of the author of the derivative work is not independent, but has limitations. The dividing line between a rendition and an original work is the extent to which the new work retains the plot or structure of the original work.
5. Performative works can easily be confused with collaborative works. Although derivative works contain the mental labor of the original author, re-creators must be careful not to harm the interests of the original author when exercising their copyright. However, the author of the derivative work enjoys full copyright. The various collaborators of a collaborative work share the copyright of a work, and the copyright enjoyed by each person is not complete.
6. Legal basis: Article 4 of the "Copyright Law" stipulates that authors have the right to film, adapt, translate and compile the works they create. These four rights are collectively called interpretation rights, and works produced as a result of filming, adaptation, translation, and compilation are called interpretation works. This means that the act of filming a work into a film and television work, adapting it into a new work, translating it into another language and making an original compilation with other works is an act controlled by the right of interpretation. Filming, adapting, translating, and compiling the work without the author's permission is an infringement of the right of deduction, and the resulting work is an infringing derivative work.
2. What should you pay attention to when translating works
1. The translated work should indicate the original author and original source.
2. The translated work should be a published work.
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3. The translated work should fully respect the original intention of the original author.
4. If the original author When the work is first published, it is clearly stated that translation, adaptation, etc. are not allowed without the consent of the author. Even if the above three items (1), (2), and (3) are met, translation cannot be carried out at will and the consent of the original author must be obtained.
A translated work is a re-creation of an existing work. The consent of the author of the original work must be obtained when translating, otherwise it will be a violation of the original work. If the rights of the author of a work are infringed, he will bear infringement liability. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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