Along with the development of the current economy is the intersection of cultures between countries, and therefore, people need to learn and study about voices, writings, people, and works … of other countries more and more. To make the study easier, translational works were gradually born. So, are such compiled works protected by copyright, let’s find out about this issue with VCD through the article below.
1. Understand what is the translated work?
Translation is the process of translating text written in one source language into another without losing its original meaning. The translator will faithfully convey the content of an original work from one language to another in the translated work. The translation is not a computer translation job but requires the performer to know how to use a flexible language, understand the culture of the country that uses that language, and have good writing skills to translate smoothly and attractively. Although the translation process must ensure honesty, it does not limit the creativity of the translator in the process of thinking, using language, and providing within the framework of the content of the work.
Translational works are works translated from literary, artistic, and scientific works from different cultures and formed from the process of work, thinking, and creativity of the translator.
2. Is the translated work a derivative work?
Compiled works are considered derivative works from the original work. Section 8 of Article 4 of Law S on intellectual property, derivative works “means works created based on one or more existing works through translation from one language to another, adaptation, compilation, annotation, selection, adaptation, adaptation of music and other adaptations“.
A compiled work is a work “derivative” from the original work if the following signs are satisfied:
- Formed upon inheritance from an already existing work;
- Derivative works that are not copies of the original work
Copyright law does not protect the content of ideas, but only the form of expression of ideas, so in many cases, the form of expression of the derivative work must be completely different or partially different from the form of expression of the original work;
- There is creativity
The creativity of the translated work is expressed in the selection, arrangement, and use of language to express the content as well as the thoughts and feelings of the author in the original work; the work is directly created by the translator by his or her intellectual labor without copying from others;
- Imprints of the original work in derivative works:
Even if the derivative work is created originally, it must still ensure the imprint of the original work. This means that when recognizing a derivative work, the public must associate with the original work, this association is expressed through the content, plot, and character lines… of the original work.
Authors of derivative works are only protected from original content created by them, and derivative works are only protected if they do not prejudice the copyright of the work used for derivation. The creation, concept, and use of derivative works must be permitted by the owner of the original work.
So, to the question of whether the translated work is a derivative work, the answer here is possible, provided that the indications of the derivative work are met as shown above.
3. Copyright protection for translated works
By the Law on Intellectual Property of Vietnam, translated works are protected with the following conditions:
- The translation work is directly created by the translator (considered a derivative work) through his or her intellectual labor without copying from the work of others.
- The new copyright owner has the right to make derivative works, which include translated works. The right to make derivative works is one of the property rights under copyright, specified in Point a, Clause 1, Article 20 of the Law on Intellectual Property). Accordingly, organizations and individuals wishing to make a translated work must obtain the consent of the author and the copyright owner of the original work used as a derivative work, except for cases where the published work is not subject to permission, no royalties and remuneration in Article 25 of the Law on Intellectual Property.
- The right to name a work does not apply to works translated from one language to another (according to Clause 1 Article 20 of Decree 22/2018/ND-CP). Therefore, translators are not allowed to name the translated work themselves but must use the name of the original work translated into the language of the translated work and take it as the name of the translated work.
- Derivative works must not prejudice the copyright of the original work used as a derivative work. In Article 2, Article 14 of the Amended and Supplemented Intellectual Property Law of 2009 stipulates that “Derivative works shall only be protected according to the provisions of Clause 1 of this Article if they do not harm the copyright of works used as derivative works.”
4. VCD’s copyright support service
With a team of experienced legal experts, VCD is confident in supporting clients with issues in the field of rights. With the motto of always protecting the legitimate rights and interests of customers, VCD tries and ensures to support customers and deploy work in the fastest, most timely, and effective way, regularly report the progress of the case as well as come up with a further action plan so that customers can easily monitor and evaluate work results. Customers can completely trust and feel secure when using VCD’s services.
Above is the article “Copyright protection for translated works“. We hope this article is useful to you.
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