COPYRIGHT: ASSOCIATED PRESS TAKES ACTION
The Associated Press has taken action in the United States for what it deems to be cases where too many words have been used from its original stories. Details of the claimed infringements can be seen here.
What's interesting is what The Associated Press deems to be acceptable 'fair use'. Some of the seven instances quoted use just a few words from the original story; less than 10 per cent in some cases.
I'll be watching this with interest. If The Associated Press succeeds it could redefine the concept of 'fair use'. Certainly the current trend in Thailand for 'borrowing' up to 80 per cent of an original English story, translating and republishing as a new story will be proven to be legally unacceptable.
2 comments:
Surely the key is in the the fact that it is translated.
The owner could provide a translated copy into various languages if he wanted to, but doesn't.
Someone in a foreign market, who translates the article for the benefit of readers who take the article in that language, fills the gap, and possibly creates a new product with its own legal rights and obligations in the process.
Let me play Devil's Advocate. Spreading the word is good (assuming the owner gets a name credit). What does the original author have to lose?
You don't really want to get me started on this subject, do you? ;-)
We have the license to use content from an overseas English language magazine in Thai, and for that we pay a royalty. There are around 50 such magazines in Thailand with similar arrangements; Elle, Cosmopolitan, Top Gear, National Geographic, etc.
When another publisher uses that original English material in Thai (substantially the same, just translated) two things happen. Firstly there is a material breach of copyright and secondly damage is caused to my company that has negotiated the license.
You are essentially right about the creation of a new product in the translation. My fear is that Thai law would see that new translated story as an original work, and in doing so would probably end the publishing licensing business in Thailand. Why pay 40,000 Euros a year (that is the going rate) to use content from The Financial Times in Thai when you may be able to do it for free anyway?
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