Translating a copyrighted poem

[haydenmuhl]

Let's say I have a German poem that is still under copyright, and I make a translation of it to English. What is the copyright status of my English translation?

My hunch is that the translation would be treated as a work with two authors, the original poet and the translator.

[jossuk]

Wouldn't you have to get permission from the copyright holder to make that translation?

[Melodia]

It seems to me based on what I've read that the translation itself would fall under 'academic fair use' but couldn't be distributed.

[steltz]

For academic fair use, doesn't it need to be used in an instructional setting, like as an example in a classroom?

[jossuk]

I offer this link as background for discussion.

http://www.unc.edu/~unclng/copy-corner73.htm

[haydenmuhl]

It seems to me based on what I've read that the translation itself would fall under 'academic fair use' but couldn't be distributed.

At the same time, I imagine the author would not be allowed to distribute the translation without the permission of the translator. Would that be correct?

[jossuk]

I believe the link I provided may be helpful...

[Melodia]

To put things into perspective, anyone who reads something from a language that isn't their 'natural' one is translating it in their head. Writing this down isn't exactly any different. But again, distributing it to someone else is a whole different matter.

[haydenmuhl]

I believe the link I provided may be helpful...

I hadn't considered being hired to do a translation. That is an interesting twist.

I was thinking more in terms of projects like recmusic.org, which hosts user submitted translations of art song lyrics. Since I would be doing the translation voluntarily, it would not be a work for hire, so I would retain copyright. However, since the author also has copyright, I wouldn't really be able to do anything with my translation.

Anyway, thank you both for indulging my idle navel gazing. I find this subject very interesting.