Many people think that translating books and posting them on a blog is a “good deed,” helping to spread knowledge. However, from a legal perspective, this behavior can lead to penalties. In this article, let’s explore whether translating books and posting them on a personal blog is punishable!
What is translating books and posting them on a personal blog?
Translating books and posting them on a personal blog is the act of translating the content of a book from its original language into Vietnamese (or vice versa). Then, posting all or part of the translated content on a blog, website, or personal platform. Legally, this is not simply “rewriting content,” but is considered creating a derivative work.
According to Clause 8, Article 4 of the 2022 Intellectual Property Law: “A derivative work is a work created on the basis of one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, modification, musical adaptation, and other adaptations.”
This means that the translation is entirely dependent on the original work; the translator does not have full rights to use it without permission. Furthermore, when you post content on a blog, this act is considered communicating the work to the public, an exclusive right of the copyright owner.
Is it illegal to translate a book and post it on a personal blog?
Translating a book and posting it on a personal blog is not just sharing content; it is essentially an act of exploiting the right to create a derivative work and communicating the work to the public according to Vietnamese Intellectual Property Law. Therefore, whether or not you are penalized does not depend on whether you make money from it, but on the protection status of the original work. If the book’s copyright is still valid, self-translating and publishing it without permission may be considered a violation. Conversely, if the work’s protection has expired, you can use it legally, but you still need to respect the author’s moral rights.
Case 1: The translated book is still under copyright protection
According to the law, copyright arises as soon as the work is created and expressed in a certain physical form, regardless of whether it has been registered or not. At the same time, one of the important property rights of the owner is the right to create derivative works, which includes translation.
This means that when you translate a book yourself, you are creating a derivative work based on the original work. However, the right to perform this act does not belong to the translator, but to the author or copyright owner. According to Clause 1, Article 20 of the 2022 Intellectual Property Law, property rights include “creating derivative works”. Therefore, if you translate a copyrighted book, post all or most of its content on your personal blog without permission or paying royalties to the author, this act is considered copyright infringement and may be subject to penalties.
Note that even if you post the translated book on your personal blog without earning money from it, placing advertisements, or simply sharing it for free, this does not change the nature of the infringement.
Case 2: The copyright protection period for the translated book has expired.
According to Vietnamese Intellectual Property Law, property rights to a work have a specific protection period throughout the author’s lifetime and 50 years after the author’s death, or 75 years from the date of publication for anonymous works. After this period, the work becomes public domain.
In that case, you have the full right to translate the work, post it on your blog, and use it for personal or commercial purposes without needing permission or paying royalties. However, the law still requires you to respect the author’s personal rights, including:
- Clearly stating the author’s name
- Not altering or distorting the content
- Not misrepresenting the spirit of the work…
If you violate these elements, you may still be penalized even if the work’s protection period has expired.
Therefore, translating a book and posting it on a personal blog may or may not result in penalties, depending on whether the work’s protection period has expired or not. This is an important legal boundary that content creators need to understand to avoid unnecessary violations.
Penalties for translating books and posting them on personal blogs
In cases where the author or copyright owner (including publishers who have purchased the copyright in Vietnam) discovers unauthorized translation and posting of books on blogs, the violator may face various penalties according to the law.
According to Decree 28/2017/ND-CP, creating derivative works without permission can result in administrative penalties. Specifically:
- A fine of VND 5,000,000 to VND 10,000,000
- The removal of all infringing content in electronic form from blogs, websites, or online platforms
This is a common penalty applied to first-time or small-scale violations by individuals.
In addition to administrative penalties, the author or copyright owner has the right to file a civil lawsuit to protect their rights. In that case, the infringer may be required to remove the infringing copy from the internet, publicly apologize, issue a correction, and compensate the author or copyright owner for damages. Compensation may include actual damages, lost profits, or costs related to handling the infringement.
The above is an article titled ” Is it illegal to translate a book and post it on a personal blog?”. Hopefully, this information will help you understand the legal regulations and guide you in creating safe, legal content, avoiding unnecessary risks in the development of your personal blog.
Sincerely,
Câu hỏi thường gặp
You can legally post it when you have the permission of the copyright owner, or when the work’s protection period has expired. However, you still need to clearly state the author’s name and not distort the content.
No. Attribution is only an obligation when using a work legally; it does not replace permission. Without the owner’s consent, you may still be considered to be infringing.