CopyrightLaw Compulsory License
COMPULSORY LICENSING FOR TRANSLATION WITH REFERENCE TO COPYRIGHT LAW
COPYRIGHT LAW PROJECT
Debasmita Bhakta
I.D. No. 209022
Introduction:
The concept of copyright is the legal right to protect one’s creation1 by establishing property rights over it, as long as the work subsists in a tangible form. This leads us to the idea of moral rights which makes the author entitled to be accredited for his work, and includes the right to stop others from translating their work into different language(s). However, when a copyrighted work is translated, with the consent of the author or the original copyright owner, the new-born work tags individual cluster of rights and privileges under copyright law, and is known as “translation copyright”.
The mid of the Twentieth century witnessed a “copyright war” between the developed and developing countries2 which necessitated measures to surpass the social, cultural and economic developmental barriers.3 Materialization of these measures required unfettered access to a wide array of educational and informational materials.4 However, copyright protection under the Berne Convention was regarded by many as one of the major contributing factors giving rise to access problems.5 Under the Compulsory Licences for Translation6 system, one can translate the work of an author into other languages, without seeking the latter’s consent. Given that translation is known of as a fundamental device of inter-cultural communication for understanding the power differentials between societies, when not only the languages, but also the native ways of thinking are being translated, it becomes imperative to understand the real weight of a legal system that provides for compulsory licenses for translation.7
Compulsory Licensing for Translation under the Berne Convention Appendix:
The two major international copyright conventions are the Berne Convention for the Protection of Literary and Artistic Works of 18868 and the Universal Copyright Convention
COPYRIGHT LAW PROJECT
Debasmita Bhakta
I.D. No. 209022
Introduction:
The concept of copyright is the legal right to protect one’s creation1 by establishing property rights over it, as long as the work subsists in a tangible form. This leads us to the idea of moral rights which makes the author entitled to be accredited for his work, and includes the right to stop others from translating their work into different language(s). However, when a copyrighted work is translated, with the consent of the author or the original copyright owner, the new-born work tags individual cluster of rights and privileges under copyright law, and is known as “translation copyright”.
The mid of the Twentieth century witnessed a “copyright war” between the developed and developing countries2 which necessitated measures to surpass the social, cultural and economic developmental barriers.3 Materialization of these measures required unfettered access to a wide array of educational and informational materials.4 However, copyright protection under the Berne Convention was regarded by many as one of the major contributing factors giving rise to access problems.5 Under the Compulsory Licences for Translation6 system, one can translate the work of an author into other languages, without seeking the latter’s consent. Given that translation is known of as a fundamental device of inter-cultural communication for understanding the power differentials between societies, when not only the languages, but also the native ways of thinking are being translated, it becomes imperative to understand the real weight of a legal system that provides for compulsory licenses for translation.7
Compulsory Licensing for Translation under the Berne Convention Appendix:
The two major international copyright conventions are the Berne Convention for the Protection of Literary and Artistic Works of 18868 and the Universal Copyright Convention