Legal Question in Intellectual Property in United Kingdom
Copyright issues in translated documents
If a copyrighted Health Related Quality of Life(HRQL) measure is translated, does the translator have rights over his translation, or does the author of the original document retain all the rights over his document aswell as the translation? Please note that this question refers to a company in France for whom I am currently working.
How does the Berne Treaty apply to our problem?
How does the doctrine of fair use apply to our problem?(We are a non-profit making oranisation)
If we are acting as intermediaries between developers and translators, what is our legal position? Currently we have been using our own, "home made" License Agreements, is this allowed?
2 Answers from Attorneys
Re: Copyright issues in translated documents
These are legal advice questions for which you should consult an intellectual property lawyer handling copyrights or a copyright specialist. I can answer your questions, but not for free.
Relying on el cheapo do-it-yourself license agreements is foolish. You have given enough facts to indicate you are probably headed for trouble if you do not get some professional copyright advice.
Re: Copyright issues in translated documents
The author has derivative rights to the copyrighted HRQL, that include the translation, and the Berne Convention would only fortify this statement. Your position as an intermediary would not change the situation, unless you have enough input for a valid claim to co-authorship.
The only defense would be whether the HRQL is copyrightable. A "HEALTH RELATED QUALITY OF LIFE MEASURE"????? What is that?? If it is something that was already in the public domain and someone just wrote it down or categorized it for the first time, then it may not be an original copyrightable work.
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