Copyright issue on foreign translation

Do I have rights against translated copy?

[trillianjedi]

I have a small guide type document which I have noticed has been translated (literally) into Spanish and re-posted on a Spanish website and credited as theirs.

It's an instruction guide, so I guess they could easily re-write it.

But I'm curious if I have any rights here. I originally wrote it in English of course, and they have taken the effort to translate it. But it is quite obvious that they have copied my original - the only difference is the language.

I probably won't bother to stop them using it (if I was able to) but I may take a copy of the Spanish translation for my own use as a quid pro quo theft...

What do you think?

TJ

[jdMorgan]

trillianjedi,

You have full rights to your work - the work of composition - that went into it.

You could ask them to remove your copyrighted work, or you could offer them the quid pro quo deal, but you are the one with the bargaining power.

Don't just ignore the problem - that implies tacit approval of their theft. And certainly don't "steal" their translation - they do "own" the work that went into that, even if your intellectual property rights mean they can't use it.

Jim

[trillianjedi]

Jim,

Many thanks for that insight - it's kind of how I guessed it would be.

My dilema is this. The work consists of a guide to using "widgets" in a particular way (and in a way which I did not invent).

If I write a cease and desist style letter to them, they could simply re-write the document and avoid any possible copyright infringement of my work. That would be relatively easy.

If I want a Spanish translation of my article, it would be a lot of hard work for me (I don't speak Spanish, would have to find or pay someone etc).

So, my bargaining power is somewhat reduced. Risk is they will just change it sufficiently to avoid any copyright infringement. They would know it's easier for them to re-write than it is for me to get a Spanish translation.

I'm actually not that bothered that they've nicked this article, but don't want to give them "tacit approval of the theft" if doing so affects my rights to have a go at them for any future theft of my other articles which I *do* want to stop.

Any further thoughts with that in mind?

Many thanks,

TJ

[Jenstar]

If you don't mind the fact that they have reprinted and translated your work, why don't you send them an email asking that they include your short bio and contact information on the bottom (that they translate, of course!) and that you request being able to use a copy of the translation for your own use. And the same time, you can request that they ask permission before translating anything else of yours.

I agree with jdMorgan - you don't want to let this slide, you do want to do something about it, even if it is just to request your contact information be published along with the translation. By doing nothing, you could easily find that they have taken all your work, translated it, and called it their own. And then it would get a whole lot messier if you decide you want them to remove it then.

[mgream]

jdMorgan is correct. a few additional points:

regarding rewrite:
There is a very similar case in UK copyright law on this issue. The case of ELANCO v MANDOPS concerned content of a product label that was copied, and to simplify overly, it was stated that even though the material was in the public domain, then if the defendants had just taken the trouble to write the content based on material in the public domain, rather that outright copy another label, then they would have not be infringing copyright.

regarding tacit approval:
how could the other party prove in evidence that you had given tacit approval, you could simply deny that you were aware - simply because you discover copyright infringement years after it was undertaken without prior knowledge does not diminish your rights. if you suspect that they may infringe again, then a tacit is to remain silent and wait until subsequent infringement and make your case when they've already invested in your material and the cost to them to rewrite is higher - this assumes that their material isn't causing you any economic loss/issues at the moment. this may put you in a better bargaining position without any risk of doing so.

[trillianjedi]

how could the other party prove in evidence that you had given tacit approval, you could simply deny that you were aware

I would be using their translated document on my site which would rather indicate that I knew about it!

Anyway, in we're talking about proving in evidence, then my denial would be a lie, and possibly a serious offence, so going there is not an option.

I think I might just write to them on the basis that I have taken their translation and I'm happy with that as a quid pro quo. If they have a problem with that and don't want me to have the translation then I'll ask them to stop using my document.

Thanks for the help,

TJ