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AndrewShmig2013-08-31 22:20:25
Books
AndrewShmig, 2013-08-31 22:20:25

License to translate a book?

Habralyudi, good evening!
Once again, this question is raised about the license under which the book is distributed and all that follows from this.
Will I have problems after translating the whole book? How to avoid problems with copyright holders and exclude options for receiving claims?
Thanks to.

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4 answer(s)
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OnYourLips, 2013-08-31
@OnYourLips

You should contact the copyright holder and agree on the terms of the translation of the book with him.
Other methods will be problematic, given that you are making money translating someone else's book.

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AndrewShmig, 2013-09-02
@AndrewShmig

Additional information from ID Peter:
Here it is necessary to understand that the Western publishing house has all the rights to distribute and translate the book. In order to legally distribute your translation, you must conclude an appropriate license agreement (or a Russian publisher who agrees to publish this book must do this). Formally, even now, by distributing your translation on Habré, you violate the rights of the author and the Western publisher.
At the same time, a Western publisher is unlikely to agree to just give you the rights to translate and distribute this book in Russian. The publishing house is a commercial structure, which, among other things, earns by selling rights around the world. You can buy the rights to translate by paying an advance (about $1000-1500) and agreeing to pay 10-12% of all book sales in Russia in the future. The fact that you are not going to make money on this is rather a disadvantage for you - the publisher needs a partner who will sell the book, and not upload it for free.
It is for this reason that the rights are usually sold to specialized companies - publishing houses, which are not only able to pay an advance, but also ensure the presence of the book in stores (and not only on the Internet, in electronic form, but primarily in print). And with a private person, most likely, a Western publisher will not cooperate at all, since the main thing is not the ability to make a translation, but the resources for publishing and distributing the book.
No response has been received from Apress yet.
So we will interpret the information and the form of its presentation differently than the translation.

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AndrewShmig, 2013-09-01
@AndrewShmig

OnYourLips , I wrote to them, I will unsubscribe when they answer and how they answer.

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Dima, 2019-01-27
@v_m_smith

Here is a similar question for lawyers "Obtaining copyright for the publication of a translation of a book by a foreign author in electronic form "
https://pravoved.ru/question/1728192/
offender to responsibility? And who can help in this matter?"
https://pravoved.ru/question/2018058/
1. The author of a work or other right holder shall have the exclusive right to use the work in accordance with Article 1229 of this Code in any form and in any way that does not contradict the law (exclusive right to a work), including the methods specified in paragraph 2 of this article. The right holder may dispose of the exclusive right to the work.
2. The use of a work, regardless of whether the relevant actions are performed for the purpose of deriving profit or without such a purpose, shall be considered, in particular:
9) translation or other processing of the work. At the same time, the processing of a work means the creation of a derivative work (processing, adaptation, arrangement, staging, etc.). Processing (modification) of a computer program or database means any of their changes, including the translation of such a program or such database from one language into another, with the exception of adaptation, that is, the introduction of changes carried out solely for the purpose of the functioning of the computer program or databases on specific user hardware or under the control of specific user programs;

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