Quoting from copyright-expired works: where does translation fit in?

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ViolettaVane

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So I already know that quoting from song lyrics is a no-no, unless you can afford the copyright fees. Which we can't. We already faced that situation in one of our books, but the pre-publication solution is pretty simple: we're just going to replace the quoted lyrics with a much older folk song that is no longer under copyright.

I'm facing a different issue right now in our WIP. It's set in 26 BC and we're keeping it very historically accurate... not quite Saylor-level, but as close as we can get.

One of our characters is quoting some lines from contemporary poets: Sextus Propertius and Horace. Obviously, the copyright on the originals expired a couple thousand years ago. But what about the translations? If we use a 19th century translation as a base and change some of the words around a bit, is that OK? If we use a modern translation, would we have to pay copyright?
 

cameron_chapman

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From what I understand, the translation of a work has its own separate copyright. So a 19th-century translation would likely have an expired copyright and be in the public domain, but a more modern one probably wouldn't be.
 

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A nineteenth century translation--or even earlier, honestly, should be fine.

With the major classic poets--say Horace, Catullus, etc.--in Latin, you can find fabulous translations by major poets that are accurate and gorgeous.

Check lots of translations to find the one you want; do look at Tufts' university Perseus' project.
 

blacbird

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For copyright, a translation is considered a separate creative work, and is therefore treated by the same regulations as an original piece of writing. In the U.S., that means, functionally, that the translation has to have appeared before 1923 to be in public domain. As mentioned, a 19th-century translation would be available for free use.

caw
 
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