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Legal Needs
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| Jan 06, 2009 10:44 am |
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re: Copyright vis-a-vis Translation |
| Urvashi Basak
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Dear Sampath,
Translation of a literary work is itself a literary work and is entitled to copyright protection as an original work, without prejudice to the copyright in the original work, if it is original and the author has expended sufficient labour and skill in it. Please also note that if copyright subsists in the original work then reproduction or publication of the translation without the consent or licence of the owner of the copyright in the original will constitute infringement.
Hence, it should be noted that two separate rights may exist where there has been a translation. Namely the right of the owner of the copyright in the original work to restrain reproduction, etc., of the original or any translated form, and the right of the owner of the copyright in the translation to restrain reproduction of his translation. Anyone wishing to reproduce a particular translation should therefore obtain a licence from the owner of the copyright in both the original and translation. The position will be the same even where B’s translation was unauthorized since, although an infringement, it will be entitled to copyright.
I hope the above satisfies your query.
As far as royalty is concerned that should be exclusively mentioned in the assignment agreement that a translator is entering with an assignee.
Private Reply to Urvashi Basak (new win) |
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