Topic: Copyright on translations

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tomchmski Posted – 2/27/2008 4:33:26 PM | show profile | email poster
I have a tricky issue, and probably the best answer is the name of an attorney I can call in Michigan (or maybe chicago) who's experienced in literary copyright. I'm editing and publishing an e-book which entailed the author researching and often citing numerous historical sources. On most of that, we're in the clear. But she also extensively quoted a french translation of a work clearly in the public domain (centuries old). The french translation was done in the 90s, and we hired someone translate that into English.

The french translator has died, and the head of the french publishing house has died. I have found no current listing for the publishing house. In essence we are quoting the original public domain work. What are the copyright issues of translations of translations of public domain works? Any ideas, directions, contacts or links appreciated.

tom c.
eriksherman Posted – 2/28/2008 5:10:21 PM | show profile | email poster
I'm not a lawyer and this isn't legal advice. However, you're not quoting the original public domain work. You're translating a translation, and there's a reason that translations on the same work can vary so widely - because there is enormous choice and control exercised by the translator.

If you know the name of the original public domain work, and it was translated, then it is likely available in some form or other, whether at a book store or at a university library. I'd strongly suggest you talk to a reference librarian at a good public or college library and get some help in tracking down the original. Not only would that keep your rear out of a potential legal sling, but it could help avoid any embarrassment if a reader is actually familiar with the original.

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