Copyright - using an old poem

[Nicko]

I'm currently working on a track and contemplating using a short excerpt from a poem written in the early 1920s.  The poem is foreign but there's a few translations of it.

 

The track wont' be comercialised but may be on soundcloud if it works out.

 

What is the copyright position? 

[neepheid]

For written works, copyright expires 70 years after the author's death.

[Nicko]

32 minutes ago, neepheid said:

For written works, copyright expires 70 years after the author's death.

That's what I thought, but what about the translation?

[lozkerr]

18 hours ago, Nicko said:

That's what I thought, but what about the translation?

Is there any way you could translate it yourself using a dictionary and thesaurus? That might get round any potential issues if your translation is noticeably different to the others?

[fretmeister]

18 hours ago, Nicko said:

That's what I thought, but what about the translation?

Aren't translations viewed as derivative works linked to the original?

 

I could well be very wrong!

[fretmeister]

Does copyright subsist in a translation?

Even if you are infringing someone else's copyright or even if you are unlawfully translating someone else's work, your work will itself qualify for protection as an original copyright.

As a translator you have created something original. As long as you have not copied someone else's translation and providing you have not pledged your right to someone else, you still own the copyright.

 

https://cblesius.co.uk/articles/CopyrightAndTheTranslator-WhoOwnsYourTranslations.html

 

 

And contrary to that....

 

THE BOTTOM LINE: COPYRIGHT LAW ALSO APPLIES TO TRANSLATIONS, BUT NOT TO ALL OF THEM

In summary, copyright not only covers original works of literature, science and art but, where applicable, can also protect translations. The decisive factor lies is the extent of the translator’s personal creation contribution.

Literary translations are definitely subject to copyright law. However, specialist text translations are generally assumed to be so close to the original works that the translator has no scope for creativity – regardless of whether this is actually the case.

 

https://www.inter-contact.de/en/blog/copyright-for-translations?dt=1631617984728

 

 

In summary.... Possibly.

 

[fretmeister]

But it's a poem.

 

It won't be caught by any algorhythm like youtube covers videos do, especially with a translation.

 

I wouldn't worry about it at all.

[TheRev]

Legally, you should get permission to use the poem from the poem's publisher as they will (usually)be the copyright owner - if they say yes, then you're good to go.  However, if you don't ask and if the track isn't being commercialised then I think it's unlikely that whoever owns the copyright to the poem will a) find out or b) get upset about it.

In terms of not being seen to be claiming ownership of something you didn't write, then state in the credits that the poem was written/translated by someone else.  If the copyright owner does actually find out AND get upset, then the worst that will happen will be a cease and desist letter.  If you haven't been sellng the track then there isn't any money for the publisher to chase, but the solicitors will probably try to charge you for writing the letter. 

Edited September 14, 2021 by TheRev

[Nicko]

1 hour ago, lozkerr said:

Is there any way you could translate it yourself using a dictionary and thesaurus? That might get round any potential issues if your translation is noticeably different to the others?

No.  I don;t speak Russian at all.  More to the point I know one of the translations pretty well.