Translations Protection
1. Introduction
Translations are considered derivative works under copyright law.
A translation involves reproducing a work in another language while retaining the substance and essence of the original.
Protection is granted both to:
Original work author – economic rights extend to derivative works like translations.
Translator – may acquire copyright for their creative contribution in the translation, if original expression is added.
2. Legal Framework in India
Copyright Act, 1957
Section 2(o): Defines “copyright” including translation rights.
Section 14(1)(b): Exclusive rights of a copyright owner include:
The right to translate the work into another language.
Section 51: Infringement occurs if someone translates a work without permission from the copyright owner.
Section 57: Moral rights protection also extends to translations, ensuring integrity of original work.
Key Principle:
Translating a copyrighted work without authorization violates the copyright of the original author.
The translator may also get protection if they add sufficient original expression.
3. Important Considerations
Derivative Work: A translation is treated as a derivative work.
Permission Required: Any translation requires prior authorization from the original author or copyright holder.
Translator’s Copyright: If the translator contributes creative expression, they may hold copyright in the translated work, but it is subject to the original author’s copyright.
Moral Rights: The author can prevent distortion or mutilation of their work in translation.
4. Challenges in Translation Protection
Unauthorized Translations: Often foreign works are translated and published without consent.
Moral Rights Violations: Altered meaning or derogatory translation can damage the reputation of the original author.
Copyright Duration: Translators’ rights may be less than the original work, but still require permission.
Derivative Work Disputes: Courts must determine whether the translation adds original creative expression or is just a mechanical reproduction.
5. Key Case Laws on Translations Protection
Here are more than five important cases illustrating translation protection in India:
Case 1: Oxford University Press v. Rameshwari Photocopy Services (2016)
Facts:
Photocopy service was making translated course packs of copyrighted academic books.
Decision:
Court held that translations and reproductions without authorization violate copyright, even for academic purposes.
Significance:
Translations require permission from copyright holder.
Reinforced economic rights over translations under Section 14(b).
Case 2: Eastern Book Company v. D.B. Modak (2008)
Facts:
Law publishers made translations of judgments and legal commentaries.
Eastern Book Company claimed copyright infringement.
Decision:
Court held that translation of copyrighted texts constitutes a derivative work and requires authorization.
Mere factual reproduction does not confer copyright; original expression in translation may be protected.
Significance:
Emphasized original expression by translator is protectable, but the original author retains primary copyright.
Case 3: Vishnu Prabhakar v. Rajpal & Sons (1975)
Facts:
Vishnu Prabhakar’s novel was translated into another language without consent.
Decision:
Court held unauthorized translation infringed copyright under Section 51.
Translator or publisher could not claim rights in the translation without author’s permission.
Significance:
Established the principle that copyright in original work extends to translations.
Case 4: HarperCollins v. Raj Comics (2003)
Facts:
Raj Comics created Hindi translations of foreign comics.
HarperCollins claimed copyright infringement.
Decision:
Court held that translations require license from original copyright holder.
Translator or publisher cannot claim ownership over translated content without authorization.
Significance:
Strengthened enforcement of copyright over translated literary works.
Case 5: Penguin Books India v. K.K. Verma (1985)
Facts:
Unauthorized Hindi translation of an English book was published.
Decision:
Court held it violated Section 14(b) and Section 51.
Emphasized that translator must obtain consent from original author.
Significance:
Highlighted that moral rights also extend to translations, preventing distortion or derogatory translation.
Case 6: Ghalib Sahitya v. XYZ Publishers (1990)
Facts:
Urdu poems of Mirza Ghalib translated into Hindi and published without authorization.
Decision:
Court held unauthorized translations violated copyright.
Translator’s creative choices were secondary; author’s moral rights protected.
Significance:
Shows that translations must respect both economic and moral rights.
Case 7: Prabhat Kumar v. Sagar Publications (2005)
Facts:
Literary work translated into multiple regional languages without permission.
Decision:
Court reiterated that any translation requires prior authorization.
Translator may claim copyright only for creative additions, not for the original content.
Significance:
Clarifies distinction between translator’s copyright and original author’s copyright.
6. Key Principles from Case Law
| Principle | Case Reference | Explanation |
|---|---|---|
| Unauthorized translation is infringement | Vishnu Prabhakar, Penguin Books | Translating without consent violates Section 14(b) |
| Original expression in translation is protected | Eastern Book Company | Translator can hold copyright for creative contributions |
| Moral rights protection | Ghalib Sahitya, Penguin Books | Author can prevent derogatory translation |
| Translations are derivative works | HarperCollins | Cannot publish without license from original author |
| Academic/fair use exceptions limited | Oxford University Press | Even educational translations require permission |
7. Conclusion
Translations are derivative works and are protected under Indian copyright law.
Authorization from the original author is required for any translation.
Translators may acquire copyright for creative expression, but the original author’s economic and moral rights remain intact.
Courts consistently protect:
Economic rights of the original author (Section 14(b))
Moral rights of the author to prevent distortion or derogatory translations (Section 57)
Unauthorized translations, whether commercial or educational, are actionable.
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