Saturday, October 31, 2009

Question about copyright in news?

Hi folks,
What are the legal issues on copying a news originally written in English, translate it to French and publish that news in French? Would that be a copyright problem?
Thanks.
Answers:
Yes.
Legally, there're basically two copyright issues you should think about in this context. The issues listed below should be considered in order:
(1) whether there is infringement, i.e., whether the translation exhibits SUBSTANTIAL SIMILARITY TO PROTECTED EXPRESSION in the original news item; and
(2) if there is infringement, whether your use of the original is FAIR enough to be legally excused.
As to (1), translations should be substantively similar to the overall original (or else it would be a sucky translation). So unless the original is not protected (e.g., the owner dedicated the original to the public domain), you would probably be considered an infringer.
As to (2), fair use in the U.S., there are four factors that you must consider. The factors are set forth 17 USC section 107 and include:
(a) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(b) the nature of the copyrighted work;
(c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) the effect of the use upon the potential market for or value of the copyrighted work.
I would worry about factor (d) the most. After all, the quickest way to get yourself sued is to mess with SOMEONE ELSE'S POCKETBOOK.
I hope that did not sound too pedantic.
You consult the issuing body - Reuters, Associated Press, UPI, or other source (newspaper, television station, etc.) regarding usage.
Translating iit into French is modifying it in some form or another. It is a violation. You need their consent.
News and information is not copyrightable. Their language is. A simple translation would be a violation. Just don't use their language/copy. Also, be careful the source doesn't deliberately fabricate something to trap you -- because that's not news.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

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