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Can I translate a document with copyrights?
Thread poster: Claudia Mirza

Claudia Mirza  Identity Verified
United States
Local time: 13:24
Member (2008)
English to Spanish
Sep 15, 2003

Dear Proz,

I have an important airline company that asked me to translate a course material for their community services. Their pilots help children with math and science.

Most of the material belongs to them but there is an educational material that belongs to the Air & Space Smithsonian Institute. The airline company has requested to the Smithsonian the permission to use this information in their materials. My question to you is, can we translate the information that belongs to the Smithsonian so they can teach the Hispanic children?

Can you please give me some recommendations?


Best regards,


Claudia Mirza


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Suzanne Blangsted  Identity Verified
Local time: 11:24
Danish to English
+ ...
translate copyrights Sep 16, 2003

Your contract is with the airline company. It is that company's responsibility to get permission to use the copyrighted material, not you. You can always request a copy of that permission. If you have a contract with the company to translate and they won't give you a copy of the permission to use copyrighted material, you can always have a clause of indemnification included in your contract, so you won't be liable for any copyright infringements. Just a suggestion.

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Graciela Carlyle  Identity Verified
United Kingdom
Local time: 19:24
English to Spanish
+ ...
completely agree with Blangstead Sep 16, 2003

BLANGSTED wrote:

Your contract is with the airline company. It is that company's responsibility to get permission to use the copyrighted material, not you. You can always request a copy of that permission. If you have a contract with the company to translate and they won't give you a copy of the permission to use copyrighted material, you can always have a clause of indemnification included in your contract, so you won't be liable for any copyright infringements. Just a suggestion.


Just be sure to make them clear that you are not responsible for getting any permission.
Good luck

[Edited at 2003-09-16 13:47]


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Claudia Mirza  Identity Verified
United States
Local time: 13:24
Member (2008)
English to Spanish
TOPIC STARTER
Thanks a lot Sep 16, 2003

Yes, my contract has a clause that says that we are not responsible for copyrights.

Thanks a lot.

Claudia


Graciela Carlyle wrote:

BLANGSTED wrote:

Your contract is with the airline company. It is that company's responsibility to get permission to use the copyrighted material, not you. You can always request a copy of that permission. If you have a contract with the company to translate and they won't give you a copy of the permission to use copyrighted material, you can always have a clause of indemnification included in your contract, so you won't be liable for any copyright infringements. Just a suggestion.


Just be sure to make them clear that you are not responsible for getting any permission.
Good luck

[Edited at 2003-09-16 13:47]


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Claudia Mirza  Identity Verified
United States
Local time: 13:24
Member (2008)
English to Spanish
TOPIC STARTER
The Law... Sep 17, 2003

This is what the law has to say about copyright material that will be used for educational purposes:


http://www4.law.cornell.edu/uscode/17/107.html

Sec. 107. - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.


The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors


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