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Song copyright if song is translated

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Deb Kinnard

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Sorry if there is already a thread for this, but I couldn't locate it. The Search Box doesn't like me.

So here's my question: my novel deals with pop musicians. I want to cite a line or two from a song. I know this is a no-no without getting the right permissions etc. However, the song I want to quote isn't in English; it's in Italian, and I've done my own translation of the lyrics.

Can I safely include this translation in my novel, or are the words of the original writer protected regardless of language (original versus translation)? If the general opinion is that I cannot, I can morph my translation easily enough to make it an indirect translation of the original Italian-lyric idea. But I'd rather use my own than a "cheat."

I've posted this in another group-feed and the membership came up blank.

Help? Or please move post to the proper forum. Please note: I am not asking for legal advice per se, but trying to find out the scope of what a lyricist's copyrights do and do not cover.

Thanks.
 

AW Admin

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Your translation is a derivative work; so you have copyright but the original rights holder also has some rights.

I'd suggest using the translation as inspiration and inventing your own lyric.
 

Deb Kinnard

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Thanks. I didn't want to go that route but it might be safer and better all 'round to improvise with the same general idea as the original lyric.
 

maggiee19

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Make up your own lyrics. That way you won't get in trouble.
 

Ketzel

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Translation of a copyrighted work is, as AW Admin says, a derivative work. Here's a US Copyright Office advisory on derivative works. The part most relevant to your question is: " Only the owner of copyright in a work has the right to prepare, or authorize someone else to create, an adaption of that work. . . . In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully. The unauthorized adaption of a work may constitute copyright infringement."

[Standard disclaimer: This post is not intended as legal advice to any person nor to establish an attorney-client relationship with any person.]







 
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