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about translation right of an old publication
Dear Sir,
My question is about an old documentary publication Belgian. The author is died since nearly 30 years, whereas the publisher (Librairie Encyclopédique, SPRL, Bruxelles) to whom the copyright belongs can not be found, probably no longer exist. Then in this case how to make sure that the translation of this work into another language would not give rise to any issue of copyright or translation right?
Thank you.
I believe copyright is for life and 70 years after you are dead.
Next of kin can inherit. Also depends on if copyright is from UK or USA.
For information see http://www.ipo.gov.uk/types/copy.htm website
or email government UK intellectual property office:
information@ipo.gov.uk
For something that has been PUBLISHED (as you are suggesting is the case here), copyright expires 70 years after the date of first publication.
It is possible that a documentary publication which is already three decades old would need so much updating before translation that the translator would have invested far more intellectual property in the new translated version than the original author and the question of infringing the original copyright wouldn't arise, particularly if the title was not a direct translation of the original. The original work, like any source, should still be acknowledged. This is, though, a tricky area and obtaining effective advice is likely to expensive and, possibly, inconclusive.
Have you considered approaching the original publisher and seeking permission to create a translation?
