Academic Publishing & Permission to Quote: Books vs. Journal Articles
Thread poster: Marcelo González

Marcelo González  Identity Verified
North Mariana Isl.
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Jan 18, 2006

Is it necessary to obtain permission from authors of journal articles (and/or the editors of such publications) in order to quote them in books that we translate?

According to the author of the book I'm translating, it was necessary for her to get permission from authors of both books and journal articles in order to get her (original) work published.

Do you think such requirements might depend on the publisher and/or country of publication, or is this typically required (regardless of such particulars)?

Thanks in advance,

Marcelo


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Tina Vonhof  Identity Verified
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Ok to quote in scientific writing Jan 18, 2006

marceloabq wrote:

Is it necessary to obtain permission from authors of journal articles (and/or the editors of such publications) in order to quote them in books that we translate?


In scientific books or journal articles, you can quote within reason (and by that I mean a sentence or short paragraph, not entire pages) as long as it is in quotation marks and the source is given at the end and included in the reference list. Or you can paraphrase it in your own words and say, for example, "According to Jones and Smith (2006), ..." and then put the book or article in the reference list. Permission is required for the use of photographs, graphs, tables, figures, etc. However, this would be the responsibility of the author(s), not the translator.

It may be different with literary material. I have often seen an entire page at the beginning of a book with acknowledgements for permission to quote from published poems, songs, etc. So I am not sure what the rules are in that case.


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Richard Creech  Identity Verified
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"Fair Use" Allowed Jan 19, 2006

In the United States, "fair use" of copyrighted material is allowed. "Fair use" has been defined by law (17 USC sec. 107) to encompass "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Whether use is "fair" or not is determined by examining several factors, including whether it is being used for profit and the amount of copyrighted material that is used.

Fair use is also allowed under the Berne Convention, which is an international treaty concerning copyright law, and which about 160 countries have signed. Note, however, that the Convention allows states discretion regarding the details of what constitutes fair use, so you may have to take into consideration the specifics of various countries. Of particular importance would be the law of the country where the author resides or of which he is a citizen and the law of any state in which the material was to be published.


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Marcelo González  Identity Verified
North Mariana Isl.
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Any advantage to publishing in certain US states, Lat. Am., or Europe? Jan 19, 2006

Richard Creech wrote:

Whether use is "fair" or not is determined by examining several factors, including whether it is being used for profit and the amount of copyrighted material that is used.


In my case, which involves literary analysis, the amount of quoted material from any given author is not that great, often one or two sentences, outside of the poems (which may be another question all together). As for profit, as a specialized text, mostly of interest to those pursuing graduate studies and professors/scholars, my primary interest is not monetary, though I would like to promote the book in Latin American and Spain.

Of particular importance would be the law of the country where the author resides or of which he is a citizen and the law of any state in which the material was to be published.


In my case, the author resides in the US.

Does it matter in which the state the original work was published? (In my the case, the original was published in Florida.)

Do you see any advantage in pursuing publication in one place over another (whether it be a certain US state, or country in Latin America or Europe)?

I really appreciate your insight.

Marcelo


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Marcelo González  Identity Verified
North Mariana Isl.
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Publisher will probably be different, so permission may have to be obtained (again). Jan 19, 2006

Tina Vonhof wrote:

However, this would be the responsibility of the author(s), not the translator.


I'm under the impression that, since the publisher will probably not be the same, I need to be concerned. That is, if permission is indeed necessary, it may be my responsibility to see that it's obtained.


It may be different with literary material. I have often seen an entire page at the beginning of a book with acknowledgements for permission to quote from published poems, songs, etc. So I am not sure what the rules are in that case.


This is a great question!

Thanks!


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