What are the copyright issues in translated works
Article 12 of China’s Copyright Law stipulates: “Adaptation, The copyright of works resulting from the translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them, but when exercising the copyright, the copyright of the original work shall not be infringed." The following analysis is based on the provisions of our country's laws:
1. Does the copyright of the translated work belong to the translator?
Translate works in accordance with the provisions of my country’s Copyright Law The copyright belongs to the translator.
2. Does the translated work need to be approved by the original author? agree?
Please pay attention to the legal provisions, the law clearly stipulates the translation The original work can only be an existing work. This "existing" is understood to mean a work that has been published. So there are two types of original works, one has been published and the other has not been published. Translating existing works does not require the author’s consent according to legal provisions; ifThe law does not clearly stipulate whether unpublished works can be translated. From the original legislative intent of the Copyright Law, the author's consent must be obtained, otherwise the right to publish the original work will be infringed.
3. Whether it infringes the copyright of the original work needs to be analyzed in detail?
(1) Translated works should fully respect the original author The original meaning
If you translate the work, fully respect the original author If the original meaning is translated directly without major modifications, then the copyright of the original work will not be infringed. If major changes are made, I think it constitutes an infringement of the copyright of the original work.
(2) The translated original work should have been Published
If the translated original work has been published The translation will not infringe the copyright of the original work. If it is not 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 first published
We often see some works with such statements as: "Copyright, no reproduction" and other aphorisms declaring copyright. If the original author declares that no translation or adaptation can be made without the author's consent when first published, then even if it has been Published works cannot be translated at will, and must obtain the consent of the original author. Of course, such a statement is rare in practice.
(4) Translated works should indicate the original source
When translating other people's works, in addition to the name of the translator, it should also be noted that it is a translated work and that it is based on someone Translation of a certain work. 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.
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