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are translations copyrighted?

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GUEST,Kristine 30 Apr 03 - 07:23 PM
Sliding Down The Bannister At My Auntie's House 30 Apr 03 - 07:26 PM
Joe Offer 30 Apr 03 - 09:25 PM
George Seto - af221@chebucto.ns.ca 01 May 03 - 06:42 AM
GUEST,Mark 17 Jun 06 - 08:59 PM
Malcolm Douglas 17 Jun 06 - 09:15 PM
Richard Bridge 17 Jun 06 - 09:24 PM
GUEST,Mark 17 Jun 06 - 11:02 PM
Malcolm Douglas 17 Jun 06 - 11:26 PM
Richard Bridge 18 Jun 06 - 04:42 AM
George Seto - af221@chebucto.ns.ca 18 Jun 06 - 02:35 PM
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Subject: Are translations copyrighted?
From: GUEST,Kristine
Date: 30 Apr 03 - 07:23 PM

When a song is translated from Gaelic (or any other language) to English, is the translation itself copyrighted? If so, where can one go to find information regarding the copyrighted translation?


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Subject: RE: are translations copyrighted?
From: Sliding Down The Bannister At My Auntie's House
Date: 30 Apr 03 - 07:26 PM

Oui!


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Subject: RE: are translations copyrighted?
From: Joe Offer
Date: 30 Apr 03 - 09:25 PM

Hi, Kristine - folkman's answer is correct (and very succinct).
Both the original text and the translation may be copyrighted. If you want to record or reprint a song, it's up to you to do the research and find out who to pay royalties to. If it's a commercially viable song, chances are you can get US royalties through the Harry Fox Agency's http://www.songfile.com/license_home.html.
If you need help researching a song, post a message in an existing thread on that particular song, or start a new thread if there's no existing one.
-Joe Offer-


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Subject: RE: are translations copyrighted?
From: George Seto - af221@chebucto.ns.ca
Date: 01 May 03 - 06:42 AM

My belief is that the song, even in translation, is copyright protected by the original author.

IF you remember, the protection refers to "copies in any form". I know that Song for the Mira (aka Out on the Mira) has been translated into at least 15 different languages, including Gaelic, Mi'kmaq, French, is under Allister MacGillivray's copyright.

As someone who translates material from GAelic to English, I feel it incumbent to protect the rights of the original author of songs.


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Subject: RE: are translations copyrighted?
From: GUEST,Mark
Date: 17 Jun 06 - 08:59 PM

Hmm,

I'm not sure I know if you understand all aspects of the question, with your answers (whether or not the original person asking did).

Anyway, my slant on the question is,

if there is an ancient public domain resource in a foreign language, and you translate it into English, can you own the copyright of the translation? No one can own the copyright for the original (seeing as it's public domain).


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Subject: RE: are translations copyrighted?
From: Malcolm Douglas
Date: 17 Jun 06 - 09:15 PM

A translation attracts copyright just like any other piece of writing. In the case of a translation from a genuinely public domain text, copyright in that precise translation would obviously rest with its creator, provided that the translation is original work.


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Subject: RE: are translations copyrighted?
From: Richard Bridge
Date: 17 Jun 06 - 09:24 PM

The answer in English law is very simple. A translation is itself an adaptation and therefore has its own copyright. It is also a reproduction and therefore if the original is in copyright permission of the copyright owner is (subject to the usual exceptions and defences) needed to make the translation. If both the original and the translation are in copyright then (subject as aforesaid) reproducing the translation requires the permission of the copyright owners of both the original and the translation. If the original is not in copyright then the translation cannot infringe copyright in the original. A fresh translation of the original does not copy the translation so does not infringe the copyright in it.


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Subject: RE: are translations copyrighted?
From: GUEST,Mark
Date: 17 Jun 06 - 11:02 PM

Hmm,

If there was a public domain song, and a guy translated it, and the translator died in 1989, how long do I need to wait in order for the translation to be public domain (i.e. if I wanted to transcribe and submit the song to cpdl.org or something)? However, the translation may be owned by a company, and so I'm not sure if it'll ever become public domain.


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Subject: RE: are translations copyrighted?
From: Malcolm Douglas
Date: 17 Jun 06 - 11:26 PM

The same time you would have to wait for any other copyright to expire; depending, up to a point, on what country's laws apply. See earlier threads on the subject (links above).

If you don't want to wait nearly 50 years, do your own translation; or tell us exactly what song you are talking about. There may be older translations, perhaps, that you aren't aware of.


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Subject: RE: are translations copyrighted?
From: Richard Bridge
Date: 18 Jun 06 - 04:42 AM

Precisely so


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Subject: RE: are translations copyrighted?
From: George Seto - af221@chebucto.ns.ca
Date: 18 Jun 06 - 02:35 PM

Any translation I do, whether good or bad, I consider the copyright of the original song writer.


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