Languages used on the Internet, Translations of books, stories, sites, videos as derived works – globally

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Codes for the Representation of Names of Languages of ISO 639 language codes


Richard: Are translations of books and videos “derived works”?

Bing CoPilot: Yes, translations of books and videos are considered “derived works” according to U.S. copyright law. A derived work is one that is based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. Therefore, translations fall under the category of derivative works because they recast the original content into a different language, which is a form of transformation or adaptation.

Richard: What are the implications of this for copyright?

Bing Copilot: The implications of derivative works for copyright are significant. Here are some key points:

– **Exclusive Rights**: The right to create derivative works is one of the exclusive rights of a copyright holder. This means that the copyright holder has the sole authority to decide whether and how the work may be transformed or adapted¹.
– **New Copyrights**: When a derivative work is created with permission, new copyrights vest in the developer of the derivative work, but only for the material contributed by the author of the derivative work, not the preexisting material¹.
– **Registration**: While copyright protection is automatic upon creation, registering works with the Copyright Office provides essential legal advantages, such as the ability to enforce the copyright in court and the presumption of validity².
– **Legal Consequences**: Unauthorized derivative works can result in legal consequences, including potential litigation and substantial monetary damages if copyright infringement is established³.
It’s important for creators and copyright holders to understand these implications to protect their rights and to avoid infringing on the rights of others.
Source: Conversation with Bing, 4/13/2024
(1) Understanding the Importance of Derivative Works – Finnegan.
(2) The Derivative Dilemma: Safeguarding Rights in Copyright Law.
(3) Understanding Derivative Works in Copyright Law.
(4) Derivative works: Unleashing Creativity within Copyright Limitations.–Unleashing-Creativity-within-Copyright-Limitations.html.
(5) Copyright & Copywrong: What are Derivative and Transformative Works ….

Richard: What about globally?  not just the United States?

Bing CoPilot:  Globally, the implications of derived works for copyright vary due to different legal frameworks and interpretations in various countries. However, there are some common principles and challenges:

– **Berne Convention**: Most countries adhere to the Berne Convention for the Protection of Literary and Artistic Works, which requires member countries to provide protection for the rights of authors of literary and artistic works, including derivative works⁴.
– **Moral Rights**: In many jurisdictions, authors have moral rights, which include the right to be identified as the author and to object to derogatory treatments of their work that could harm their reputation⁴.
– **AI and Copyright**: The rise of generative AI has sparked discussions about copyright implications for AI-generated works, including derived works. The legal landscape is evolving as courts and lawmakers try to establish how intellectual property laws apply to AI-generated content¹²³.
– **International Consensus**: There is a need for collective negotiation and international consensus to address the challenges posed by new technologies and to ensure that copyright laws remain relevant and effective in protecting creators’ rights globally².
It’s important for creators and copyright holders to stay informed about the laws in their respective countries and to seek legal advice when necessary to navigate the complex landscape of copyright and derivative works.
Source: Conversation with Bing, 4/13/2024
(1) Understanding Copyright and Related Rights.
(2) Generative AI Has an Intellectual Property Problem.
(3) Can AI be creative? Global copyright laws need an answer..
(4) Copyright Protection for AI-Generated Works: Exploring Originality and ….
Richard K Collins

About: Richard K Collins

Director, The Internet Foundation Studying formation and optimized collaboration of global communities. Applying the Internet to solve global problems and build sustainable communities. Internet policies, standards and best practices.

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