Nowadays, music exchange between countries has become easier thanks to the help of the Internet. A song is a type of work of art that can be expressed in many different languages. So if the original song is protected by copyright, will the translation of the song in another language be protected by copyright? Please follow VCD’s article below.
1. What is the translation of the song?
Translation is the product of language conversion from the source language to the target language to be translated. This language conversion process is called translation (also known as paper translation). Translations will be divided into two main types: Content Translation and Notarized Translation.
A song (synonyms in Vietnamese: song, song, or song) is a musical composition performed by the human voice. This is usually done at distinct and fixed pitches (melody) using sound patterns and silence.
Musical works specified in Point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in the form of notes in music or other musical characters with or without lyrics, regardless of whether To perform or not to perform.
Accordingly, a song translation is a version translated into another language based on the original language of the song. Accordingly, song translations are considered a type of derivative work. When the audience enjoys a derivative work, they will think of the original work because the derivative work inherits certain foundations of the original work such as content, melody, etc. Through this, it can be understood that the translation of the article The song above is considered a translated work.
2. Basis for arising copyright for songs
Copyright for musical works arises when the work is created and expressed in a certain material form and is not required to be registered or announced (according to Clause 1, Article 6 of the Intellectual Property Law). wisdom).
However, to avoid disputes and prove that the song belongs to them, the author and owner should carry out the procedure to apply for a Copyright Registration Certificate for the song. Without registration, proving this is not easy, affecting the rights and interests of the author and owner of the song.
Registering copyright protection for a song means that your product will be protected by law and guaranteed that your product will not be used illegally such as copying, abuse… Register Copyright is the best way to certify human creativity, the most worthy reward for the creator.
3. Are songs translated from foreign languages protected?
To receive copyright protection, songs translated from a foreign language must meet the following three conditions:
First, derivative works may prejudice the copyright of the original work. Clause 2, Article 14 of the Intellectual Property Law stipulates that derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works. Copyright includes moral and property rights (Article 18 of the Intellectual Property Law). Accordingly, song translations will be protected if they do not harm the personal and property rights of the original work.
Second, to make a translated work, you must ask permission from the author or copyright owner. In Clause 7, Article 28 of the Intellectual Property Law, it is stipulated that if you create a derivative work without permission from the author or copyright owner, this is an act of copyright infringement. Except for converting works into Braille or another language for the blind according to Point i, Clause 1, Article 25 of this Law.
Third, derivative works must bear the author’s imprint. A derivative work is a work created based on the original work but has new features in writing style, and communication style… These things create unique features for derivative works and show the characteristics and imprints. of the author to the public.
Registering copyright for translated works, although not mandatory, is very important because this will help authors and copyright owners prevent copyright infringements and serve as evidence. to prove copyright when a dispute arises related to copyright.
In conclusion, if a song’s translation into another language wants to be protected, it must seek permission from the author or copyright owner of the original song. Above is VCD’s article, hopefully it will be helpful to you.
