[LINK] OT: Is translation a copyright violation?

[Adam Todd]

At 05:17 PM 17/06/2007, Stewart Fist wrote:
>Karl writes
> >
> > Is making a translation of the lyrics of a song a copyright violation?
> > Obviously I mean without the permission of the owner of the copyright on
> > the original.
>
>Yes (no ifs, buts or maybes)
>
>Copyright in these cases is in the "form or expression of the idea", not in
>the way in which (or language in which) the idea is written.  Of course the
>translation is also copyrightable - because more than one copyright can
>exist in the same literary work.

Karl doesn't have an interest in my opinion, so I thought I'd jump in 
at this point :)

Firstly I think Karl means a Transcript of lyrics, not a translation, 
although he didn't specify if the original lyrics were in a language 
different to that of what he intends to do.

Given that people often call typing up lyrics from a favorite song 
"translating" because they don't understand or know the word 
Transcript, I'll go with this in mind.

If the lyrics are in English and it is a published work, then it 
would be a contravention of Copyright laws in Australia and elsewhere 
to reproduce the words in English and cause them to be published.

Having said that, many artists don't mind their works being 
transcribed and published, provided it'snot for profit, such as on a 
personal web site.  However, one would hardly be bothered taking the 
time to transcribe, probably with error, the lyrics of a song in the 
same language, it would be easier to copy them from the CD booklette 
or find a version on the web already.

If however Karl means to translate from say Turkish to English, the 
words of a song, then provided it actually hasn't already been done, 
its not a contravention of copyright.

Karl will acquire the copyright in the English version, however will 
not acquire copyright in the substance of the material.  That is to 
say, he doesn't town the lyrics, he can't sell them, he can't make a 
profit from them, he can't perform the original lyrics, but he can 
perform the translation.

There is one exception.  If the lyrics are protected in all formats, 
all languages and all media world wide.

Some people do this, like film makers.  We don't want our dialogue 
being subtitled incorrectly or misrepresenting.  (Translation is a 
really touchy issue with people because some words and ideas 
expressed in languages don't translate to others so well.  If you 
watch SBS and understand a language and read the subtitles you'll 
know exactly what this means.  Sometimes it can be very humourous!)

That's basically the low down on such things.  I deal with this 
weekly as I get a lot of lyric, song, music and material from around 
the world.  Sometimes we like the sound of a song in a foreign 
language and would like to convert it to English.  Herein lie the 
potential problems.    Although I generally work with the artist and 
in return for being able to use their work on a royalty basis, they 
get my translation, preferably to perform it too :)

But then I'm an idealist in an ideal world, that sadly does not always exist.