Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
In respect to translations, the new American law is specific, not only
in its mention of "translations" (sec. 6), but in giving (sec. 1, b) the
exclusive right "to translate the copyrighted work into other languages
or dialects, or make any other version thereof, if it be a literary
work." The early American precedent was the case of "Uncle Tom's cabin,"
in 1853, in which Mrs. Stowe had copyrighted not only the original work,
but a German translation which she had provided; Justice Grier in the U.
S. Circuit Court held that she could not recover against one Thomas who
was issuing another German translation, since it was not "_copies_ of
her _book_." This case was previous to the statute permitting authors to
reserve the right of translation, and the new code as above cited fully
protects translations. The author of a copyrighted work thus has the
exclusive right to translate his work, or license its translation, into
any other language, and under such a license the translator with the
consent of the author would have the right to copyright his translation.
Where the author employs a translator for hire, the copyright in the
translation may be secured by the author of the original work, but under
ordinary circumstances the copyright in the translation would be secured
by or on behalf of the translator. In case of contest on this point, the
issue would be a question of contract, and in the absence of contract or
specific assent the courts would doubtless base their decisions on the
circumstances of the case so far as they could be held to imply
contract. The inclusion of the notice of copyright of the original work
on a translation, without specific copyright of the translation itself,
would be held, it seems probable, to protect the translation under the
author's original copyright; but this would limit the copyright term on
the translation to the copyright term of the original work, and for this
and other reasons a specific copyright on each translation is desirable,
in which case the notice of copyright of the original work need not be
given on the translation.
{Sidenote: Translator's rights}
In the case of the translation of a copyright work, the author of the
original work has the right to prevent other translations, but the
translator has no such right to prevent translation by another
translator except as exclusive right to translate is conveyed or implied
to him by the author of the original work. A work in the public domain,
as a non-copyright work or a work on which copyright has expired, may be
translated by any one and the translation copyrighted, but such
translator would not have the right to prevent translation by another
translator.
{Sidenote: English practice}
In England, while the right of translation may be reserved under the
international copyright act by notice on the title-page, an English
author could reserve his right of translation only by providing such
translation, but the new code gives the full right.
Public-domain text, read in full here on John Shaqi.
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