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A book copyright question (lawyers help?)


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Let us assume (totally hypothetically, of course ;)) that there is a work I want several people to read, but they do not read the language in which it is published nor any of the (very few) languages it has been translated to. Let us also assume that it is, for whatever reasons, highly impractical for us to meet for a session or a few in which I can guide them through it, as a sort of lecture at university, and get them acquainted with its contents that way. And let us assume that the most practical thing would be getting them acquainted with it via written communication: i.e. a translation or a bunch of notes.

 

I actually AM crazy enough to be willing to translate the work (it is less than 150 pages, a piece of cake, doable in a week or two of abstinence from these boards LOL as it is not a professional translation), or large chunks of it, specifically for them for no personal profit whatsoever ("all for knowlege" LOL :D), but I wonder whether I violate any copyright by doing so? It would be my private half-translation for a private use of a few private people, not something aimed to be further distributed or anything. It would not be published in any way, shape or form, but stored in a sort of a document. Does it differ, really, from just borrowing a physical copy of the book to those people? Or I am still NOT supposed to distribute my personal translations of anything to other people if I do not have properties for the work (which is from 2000-and-something, ergo, under copyright)?

 

Now next question. Supposing it is illegal or de facto illegal to do that, what can I do to bypass the illegality of such an approach? Would "making notes in English" be fine? Sort of, making my private, elaborate notes in English (with minimal direct quotes, mostly paraphrasing and adding my comments - as though I were studying the book for the exam) on the book I read in another language and then distributing them to other people? That cannot possibly violate copyright, right?

 

WHAT can I do to get those dear people basically "read" the work they have no access to? Negotiating and financing the official, legal English translation off my money is unfortunately not an option, plus it would take too long. HOW do I go about it without violating anyone's rights?

 

Thank you in advance. :)

Edited by Ester Maria
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I would assume it is illegal, but I do not know.

 

The only way to make sure it is legal is to contact the publisher and ask for permission to do it. You would want to indicate how many copies you want to make in the other language and that you or your friends will not be selling copies. That the materials will be used for educational purposes. If the people you are helping with this material has some sympathetic appeal, you might play up that angle. But be prepared, they may only allow you to do it, if you pay a fee. Also it is my experience it often takes a loooooong time for a publisher to respond. If it is a small publisher or one connected to the author (like PHP with SWB), then you might get a quicker responses.

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My understanding is that the owner of the copyright will have to give you permission for the translation--especially important because of the intent to distribute (therefore not falling under fair use) and the fact that copyright protects "the way authors have expressed themselves". You would have to contact them for that. I can understand why people will not go to the trouble of this for very small sections within a work, but for an entire work I think it is necessary to protect the creator/author. I am sure that what many people intend to keep private does not always stay that way. As far as another option. Well, you may be able to take elaborate notes to make it more of a commentary about the book...but still for larger passages, that likely would need to be included, copyright permission would still need to be granted. I don't know. Many people do just forget about permissions. That would have to be your call. By the way I am not a lawyer. This is just what I know as a librarian. Hope it helps some. Good luck, I know copyright laws can be frustrating.

 

Lesley

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Thank you everyone for your help (and thank you those who PM'ed me, too). I am still trying to wrap my mind around it, it is a bit frustrating LOL. :banghead:

 

From what I understand, making my personal translation of anything cannot possibly be illegal, nor showing it to somebody else (say, to fix my English :D - again, for my own personal translation which is used only by me in my home), but distribution and publishing would be a problem. Well technically, what bothers me is that there is always a theoretical option of something going wrong and it ending up online or in the hands of third parties, which would be an incovenience. What also bothers me is that I am not CAPABLE of making a good translation - the kind of translation for which I would like to make it official, contact the publisher, ask for permission, etc. - because my knowledge of both source and target languages is not exactly that stellar, so it cannot boast the quality of a professional translation, and I would still not like my name associated with it... I know, it is not poetry or something awfully complex, but I cannot sign a good translation here, it is only for general information purposes.

 

So it seems that "elaborate notes" are the best option. But how do I do it? Am I allowed to basically make a "long hand-out" out of the work (say I even skip a chapter or two), without actually quoting much (maybe small passages now and then), but with a bunch of paraphrasing that is not too faithful to the text, mingled with my comments? That would be a sort of bypass way to get the people "read" the book without reading it AND get my view in it too. Would that still be fair use? People do it for academics all the time, it would not be much more different than simply preparing a talk about the book and handing *my notes* to others, right?

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