Copyright Advisory Network

The short answer here is yes, the translator does enjoy copyright in her original expression embodied in the translation.  But whether that copyright is independent of the original novel depends on what you mean by independent.  Since the copyright in "Look Homeward, Angel" was renewed in 1956, it seems that the novel is still protected (until 2014, I think, barring further legislative extensions).  Therefore a derivative work like a translation must either be licensed by the rights holder in the original or it will be infringing.  Enforcement of the copyright in the translation would necessarily involve the rights holder in the original, as well.  In that sense, the translator's copyright is not independent.  On the other, if the translation is prepared relatively recently, its copyright will persist well past the expiration of the copyright in the original.  In that sense, it is independent.

The Berne Convention sets life of the author plus 50 years as a minimum standard of protection, not a uniform requirement.  Most countries, like the US, have adopted longer terms; in Japan the current term is life of the author plus 75 years.

To determine if "Look Homeward, Angel" is in the public domain in Japan involves a complex set of circumstances including provisions of Japanese law (when the longer term was adopted and how previously published works were treated), a determination of what is the country of origin for the novel (was it published simultaneously in multiple countries and which of those locations were members of which international agreements) and the provisions and dates of adherence (by Japan and the country of origin) to the relevant international agreements (including Berne, the Universal Copyright Convention and TRIPSs, as well as, possibly, bilateral agreements).

All of which is to indicate that, before you decide to publish a translation in another country in reliance on the belief that the original text is in the public domain in that country, you should get expert legal advice.

Actually, I have a question following this point a bit further if you don't mind.

Assuming that "Look Homeward, Angel" is NOT in the public domain of Japan, it is protected by copyright law, and the rights to translate are presumably held by the author.  If someone were to prepare a translation of the book into Japanese, that translation would be the translator's copyright, even though it infringes on the original author's copyright.

However, once this hypothetical Japanese translation is prepared (even though it infringes on copyright), it obviously cannot be sold since this would totally violate the original author's copyright protection.  However, if the translator were to instead post his translation online for free, what are the ramifications of doing so?

I can imagine that as a sort of "fan translation," it would be tolerated/ignored if the original right holders have no plans for a formal Japanese translation of the novel, and if they do have plans (or feel that it is a source of lost revenue), they would probably ask for the translator to remove his work.  If the translator (after posting his translation to the internet) is totally compliant with the original author's/right holder's wishes, could it still lead to legal ramifications?

I ask because I am walking through similar territory in preparing the translation of a work which I have no copyright to.  This work, however, is a scholarly text and deals with information esoteric enough that next-to-nothing exists written in the language I wish to translate it to.  (Nor are any books on the topic available for translation due to being in the public domain.)  My translation would be simply for purposes of education of people who cannot read the primary source material, and if I were asked to remove the translations, I would be totally compliant to do so.  I just don't want to put myself in legal jeopardy over offering such information.

Last edited by clockworkbutterfly (2008-08-20 12:54:26)

Freya Anderson wrote:

This all assumes that the work being translated is creative in nature.  Since facts are not copyrightable, this analysis might be quite different were you talking about translating scientific research or computer manuals.

Some facts DO seem to be copyright protected nowadays, or at least, patentable.  DNA sequences come to mind.

My guess is the analysis wouldn't be much different for scientific research or computer manuals, either.  Copyrights cast a wide net.

ksmith wrote:

The short answer here is yes, the translator does enjoy copyright in her original expression embodied in the translation.  But whether that copyright is independent of the original novel depends on what you mean by independent.  Since the copyright in "Look Homeward, Angel" was renewed in 1956, it seems that the novel is still protected (until 2014, I think, barring further legislative extensions).  Therefore a derivative work like a translation must either be licensed by the rights holder in the original or it will be infringing.  Enforcement of the copyright in the translation would necessarily involve the rights holder in the original, as well.  In that sense, the translator's copyright is not independent.  On the other, if the translation is prepared relatively recently, its copyright will persist well past the expiration of the copyright in the original.  In that sense, it is independent.

hi dude,..
thanks for nice and simple answer,..its very useful one,..