Reference for law applying to two translations of the same source novel
May 30, 2024 7:39 AM Subscribe
Can you find a reputable reference showing that Translator B, in the US, can produce an English translation of a work that has already been translated by Translator A, in the US, without needing to worry about the other translation, as long as they have permission to translate from the rights holder of the original foreign work?
In the US, and some other countries, a translator with permission can translate a foreign work into English, and then copyright only that specific English version of the work. (Copyright on the original work remains with the original holder.)
Let's keep it simple and assume that Audrey, the author of a foreign language novel, also owns all copyright and publishing rights. Audrey gives permission to Tracy the translator to translate the book to English. Tracy does so and copyrights her translation.
I'm trying to find a reference that explains that if Audrey also gives permission to a second translator, Stella, to create another English translation, then Stella can do this legally. The only stipulation would be that Stella's translation is not "substantially similar" to Tracy's, and if it is, or if it is unclear, it could go to court.
But I believe that this is legal in the US given good faith and no direct copying of the original translation. In other words, Tracy cannot prevent Stella from publishing her own translation.
Can anyone find a reference?
In the US, and some other countries, a translator with permission can translate a foreign work into English, and then copyright only that specific English version of the work. (Copyright on the original work remains with the original holder.)
Let's keep it simple and assume that Audrey, the author of a foreign language novel, also owns all copyright and publishing rights. Audrey gives permission to Tracy the translator to translate the book to English. Tracy does so and copyrights her translation.
I'm trying to find a reference that explains that if Audrey also gives permission to a second translator, Stella, to create another English translation, then Stella can do this legally. The only stipulation would be that Stella's translation is not "substantially similar" to Tracy's, and if it is, or if it is unclear, it could go to court.
But I believe that this is legal in the US given good faith and no direct copying of the original translation. In other words, Tracy cannot prevent Stella from publishing her own translation.
Can anyone find a reference?
There are people on Fiverr who will research this, well, for you. I'd link to my guy but the login system is being weird today.
posted by amtho at 8:17 AM on May 30
posted by amtho at 8:17 AM on May 30
If you want a practical example, Asterix has been translated into English at least twice. There is a British English translation (dare I say, the definitive one) and an American English translation.
posted by It's Never Lurgi at 8:21 AM on May 30 [1 favorite]
posted by It's Never Lurgi at 8:21 AM on May 30 [1 favorite]
Asterix has been translated into English at least twice. There is a British English translation (dare I say, the definitive one)
Emphasis on 'at least'- it's a good example of a long-running property that had several different attempts at translation. I first encounteredAsterix Beric in the exceedingly British In the Days of Good Queen Cleo, but you're definitely referring to the later Bell Hockridge translations.
posted by zamboni at 10:54 AM on May 30
Emphasis on 'at least'- it's a good example of a long-running property that had several different attempts at translation. I first encountered
posted by zamboni at 10:54 AM on May 30
As a practical matter, your publisher will manage the copyright and will probably sublicense translation rights to a publishing company in the relevant country/ies. So I would be cautious in assuming that Audrey still has the rights to license to Stella.
posted by praemunire at 5:27 PM on May 30
posted by praemunire at 5:27 PM on May 30
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posted by It's Never Lurgi at 7:54 AM on May 30 [1 favorite]