IMSLP Forums

Let's say I have a German poem that is still under copyright, and I make a translation of it to English. What is the copyright status of my English translation?

My hunch is that the translation would be treated as a work with two authors, the original poet and the translator.

Wouldn't you have to get permission from the copyright holder to make that translation?

It seems to me based on what I've read that the translation itself would fall under 'academic fair use' but couldn't be distributed.

For academic fair use, doesn't it need to be used in an instructional setting, like as an example in a classroom?

I offer this link as background for discussion.

http://www.unc.edu/~unclng/copy-corner73.htm

Melodia wrote:It seems to me based on what I've read that the translation itself would fall under 'academic fair use' but couldn't be distributed.

At the same time, I imagine the author would not be allowed to distribute the translation without the permission of the translator. Would that be correct?

I believe the link I provided may be helpful...

To put things into perspective, anyone who reads something from a language that isn't their 'natural' one is translating it in their head. Writing this down isn't exactly any different. But again, distributing it to someone else is a whole different matter.

jossuk wrote:I believe the link I provided may be helpful...

I hadn't considered being hired to do a translation. That is an interesting twist.

I was thinking more in terms of projects like recmusic.org, which hosts user submitted translations of art song lyrics. Since I would be doing the translation voluntarily, it would not be a work for hire, so I would retain copyright. However, since the author also has copyright, I wouldn't really be able to do anything with my translation.

Anyway, thank you both for indulging my idle navel gazing. I find this subject very interesting.