That would be my reading as well.
An example from U. S. copyright law (which isn’t the same as the Berne Convention) is the works of H. P. Lovecraft. Many of Lovecraft’s works are in the public domain. Nonetheless, S. T. Joshi’s versions of the stories, corrected from the original manuscripts, are under copyright because he contributed significantly to the work. Thus, a translator would not need permission to translate the originals, but he or she would need permission to translate Joshi’s.
Sincerely,
Dan Harms
Bibliographer and Instructional Services Librarian
SUNY Cortland Memorial Library
P. O. Box 2000
Cortland, NY 13045
(607) 753-4042
From: Society for The Academic Study of Magic [mailto:[log in to unmask]] On Behalf Of David Mattichak
Sent: Sunday, May 13, 2012 2:49 AM
To: [log in to unmask]
Subject: Re: [ACADEMIC-STUDY-MAGIC] Question on copyright of translations
I would say that the issue hangs on whether the book is still under copyright or if it is in the public domain. If someone owns that copyright then you will need permission. If there is a revision then you would need the permission of the person that did the revision. You may still be able to claim the copyright for a translation if you don't use the revised copy.
That's how I read it anyway.
Date: Sat, 12 May 2012 22:39:52 +0200
From: [log in to unmask]
Subject: Re: [ACADEMIC-STUDY-MAGIC] Question on copyright of translations
To: [log in to unmask]
What do folks make of the following?
http://www.copyrightservice.co.uk/copyright/p08_berne_convention "If the party is not the original publisher they would have to be the translator of the work in order to claim copyright. If the party published a *revision* of the work, the translator has to get permission to translate the revision. Translators need to get permission from the copyright holder of any work who has the "right to authorize any translations of the work."
Does the issue hinge on "revision"?
N
On Thu, May 10, 2012 at 3:35 PM, Daniel Harms <[log in to unmask]> wrote:
I'd suggest looking into German copyright law, but Mogg is correct - the date of the author's death is crucial for determining your rights. Also, it appears that the copyright to a work cannot be given away in Germany, save to one's heirs upon death.
Dan Harms
Bibliographer and Instructional Services Librarian
SUNY Cortland Memorial Library
P. O. Box 2000
Cortland, NY 13045
(607) 753-4042
-----Original Message-----
From: Society for The Academic Study of Magic [mailto:[log in to unmask]] On Behalf Of mandrake
Sent: Thursday, May 10, 2012 4:36 AM
To: [log in to unmask]
Subject: Re: [ACADEMIC-STUDY-MAGIC] Question on copyright of translations
On 09/05/2012 16:50, N.W. Azal wrote:
Copyright is 70 years from death of author - publishers may claim a copyright on their _translation_ intro and notes
they can also claim on the typography but i think the period will be shorter -
- the precedent for this comes from montague summers early publisher who did several "me too" editions based on existing pubs he reissued using the new fangled technology of lithography - which in victorian period was viewed in same way some now view the print on demand/digital tech of our day (for some the only real printing is letter press anything else is second best : )
The period of typographical copyright is ten years me thinks - have to check the precendents - there is a standard reference book for all this.
Mogg
> There is a German dissertation from the 1930s I am presently
> co-translating which was originally published by a German university
> publisher not long after it was submitted. The book went out of print
> for decades (only published in a single edition), the author passed on
> long ago, but it was subsequently republished by an Austrian outfit in
> 2009. The recent edition claims on the front cover that the new
> publisher holds copyright over any future translations of this work.
> Knowing a little about copyright laws, this claim by the publisher
> sounds somewhat dubious to me, a claim which would easily be
> challenged legally, especially given the circumstances.
>
> Has anyone encountered an analogous situation where a publisher can
> claim rights over any future translations of a work to which they
> weren't the original publisher? Also my understanding is that
> translations usually become the propriety of the translators.
>
> If anyone can shed some light on this, I would appreciate it.
>
> N