What are the specific copyright issues regarding translated works
For works produced by adapting, translating, annotating, and organizing existing works, the copyright belongs to the person who adapts, translates, annotates, and organizes them. However, when exercising the copyright, the copyright of the original work shall not be infringed. ” It can be seen that the copyright of works produced by translating existing works is enjoyed by the translator
1. Exercise of translation rights
Translation, that is, the conversion of a work from one language to another. The right to translate belongs to the copyright owner. The copyright owner can license others to use it and obtain it in accordance with the agreement or the relevant provisions of the Copyright Law Remuneration. Therefore, when translating an existing work, the translator should first obtain permission from the copyright owner of the original work and pay him a reasonable remuneration. If the translated work is a derivative work, the translator not only needs to obtain permission from the copyright owner of the derivative work, but also needs to obtain permission from the copyright owner of the derivative work. You must also obtain permission from the copyright holder of the original work.
In addition , the translator should also name the original author and the title of the work in the translated work; however, if the parties agree otherwise or it is impossible to name the work due to the characteristics of the way the work is used,Except for the obvious ones.
According to the relevant provisions of the Copyright Law , in the following circumstances, translation of other people's works may be done without the permission of the copyright owner and without payment of remuneration, but the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed:
(1) Translating published works for school classroom teaching or scientific research , for use by teaching or scientific researchers, but not for publication or distribution;
(2) State agencies use published works within a reasonable scope for the purpose of performing official duties;
(3) Translating works written in the Chinese language and written by Chinese citizens, legal persons or other organizations into minority languages for domestic publication and distribution;
(4) Convert already published works into Braille for publication.
2. Copyright ownership of translated works
Article 12 of my country’s Copyright Law stipulates: “The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapts, translates, annotates, and arranges them. However, when exercising copyright, the copyright of the original work must not be infringed. "It can be seen that the copyright of a work resulting from the translation of an existing work is enjoyed by the translator. When exercising the copyright of the translated work, the translator shall not infringe the copyright of the original work.
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