At press agencies, translation is a significant job to convey public information from foreign languages into Vietnamese. So, can translated journalistic works be registered for copyright protection? Please read VCD’s article to learn more.
1. What is a translated journalistic work?
According to common understanding, translation is the conversion of vocabulary, sentences, text… from one language to another. To put it more academically, translation is the process of converting from a written or spoken source language into a corresponding written or spoken target language. It can be said that translated journalistic work is translating a journalistic work from one language to another with corresponding content.
Each journalistic work has a different context and culture, requiring the translator to have in-depth expertise and knowledge of the language as well as general knowledge of journalism, especially the characteristics of journalistic language and journalistic style. The flexibility and acumen of the translator will help information reach the public accurately, specifically, and effectively.
The main purpose of the translation process is to bridge different languages. Therefore, translating journalistic works from other languages into Vietnamese can reach a larger audience and bring different cultures around the world closer together.
2. Can journalistic works translated from foreign languages be copyrighted?
A journalistic work translated from a foreign language is a version translated into another language based on the original language of that text. Accordingly, journalistic works translated from foreign languages are considered a type of derivative work.
According to Clause 8, Article 4 of the Intellectual Property Law stipulates: “8. Derivative works are works translated from one language to another, works of adaptation, adaptation, adaptation, compilation, annotation, and selection.
In addition, Clause 2, Article 14 of the Intellectual Property Law stipulates: “2. Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not prejudice the copyright of the work used to make derivative works.
Translated journalistic works are protected by copyright when they meet the following four conditions:
- Does not harm the copyright of the original work: According to Clause 2, Article 14 of the Intellectual Property Law 2005, derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works. Works used to make derivative works include literary, artistic, and scientific works specified in Clause 1, Article 14 of the Intellectual Property Law.
- Must be directly created by the author of the derivative work: Clause 3, Article 14 of the Intellectual Property Law stipulates that protected derivative works must be directly created by the author using his or her intellectual labor without any damage. Copy from other people’s work.
- With permission from the author, the copyright owner of the original work: Article 28 of the Intellectual Property Law stipulates that derivative works must have the permission of the author, the copyright owner of the original work. In the absence of the author’s consent, the copyright owner will be considered an act of copyright infringement (Unless the derivative work falls into the cases in Article 25 and Article 26 of the Intellectual Property Law).
- Must have the unique stamp of the author of the derivative work: Derivative works are works created based on the original work. Therefore, for a derivative work to be protected, it must be creative, new, and bear the stamp of the author who created the derivative work.
Therefore, if a journalistic work translated from a foreign language wants to be protected by copyright, it must not harm the personal and property rights of the original text.
Above is the article “Are translations of journalism from other languages protected by copyright?“. We hope this article is useful to you.
