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Polish Fans Held By Police For Movie Translations

Posted by Zonk on from the harsh-critics dept.

michuk writes "Nine people involved in a community portal Napisy.org were held for questioning by the Polish police forces this Wednesday. They will be probably be accused of publishing illegal translations of foreign movies (which is forbidden by Polish copyright law). Napisy.org website was shut down immediately afterwards by the German forces (since the servers were located in Germany). The service was the most popular Polish on-line portal where users were free to submit translated subtitles for popular movies. 'According to Polish copyright law any "processing" of others' content including translating is prohibited without permission. The people held (aged 20 - 30) were questioned on Wednesday and Thursday and then allowed to leave. In case of being accused of illegal publishing of copyrighted material, they can spend in jail up to 2 years (in the worst case).'"

11 of 204 comments (clear)

  1. Same type of laws in the US (and most countries)? by KokorHekkus · · Score: 3, Informative
    I would think that most countries classify translation as an derivative work. And surely the dialogue in a movie must be copyrightable. Only reason it hasn't happend in the US might be that foreign movies aren't as popular in the US and that MPAA mainly cares about homegrown material.

    The following part of USC 17 Chapter 1 seems pretty clear to me (my emphasis):

    A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".
    USC 17 Chapter 1:http://www.law.cornell.edu/uscode/html/uscode17/ usc_sec_17_00000101----000-.html>
  2. Re:Illegal thing... by MWojcik · · Score: 2, Informative

    If it is illegal to translate, the Polish police was right in arresting the guilty. Translating for your own use is not illegal in Poland. Publishing is.

    Same as with music and movies - we can download them, we can't publish (upload) them.
  3. Re:Couldn't they just... by dmjones500 · · Score: 2, Informative
    From the article...

    Napisy.org was the most popular Polish portal where users were free to submit translated subtitles for popular movies (mostly from English to Polish, but not only). Popular video players could be then used to display the subtitles when playing a movie (usually a DVD-rip). They were merely distributed the subtitle files to overlay onto a movie file.
  4. Re:Wiki.. by orra · · Score: 2, Informative

    Wikipedia content is *licensed* to all recipients under the GFDL, and so translation is allowed.

  5. Re:Illegal thing... by Yetihehe · · Score: 3, Informative
    Well, it ISN'T illegal to translate only text in Poland.

    By judgement of Highest Court from 23.01.2003: The making of translation of word layer of audiovisual creation does not make processing of it as a whole. Thereby it can be spread without consent of the maker of original work. The translator have copyrights to translation.
    So whole action was on illegal grounds. But they found many upon many pirated films in those folks' houses, so they will have jail or fines anyway.
    --
    Extreme Programming - Redundant Array of Inexpensive Developers
  6. Re:Illegal thing... by Jhon · · Score: 4, Informative

    Yeah, but what if it's the "state approved" translation that's horrible?
    State what? State apporved what???

    Did you even the article or this thread? Those translating need approval from the HOLDER of the copyright -- not the state. If it's "horrible", then I doubt the copyright holder will see much of a profit...
  7. polish movie translation situation by Sundawn · · Score: 2, Informative

    in case anybody wonders why this happens ... movies in poland are normally dubbed with ONE guy translating all the roles in the movie. i already hate the german dubbing. not lipsync. you may even see a totally different movie with german dubbing and their creative dubbing. .. etc etc ... but at least its professional and every actor gets its own german dubbing-actor. but the most horrible thing is an age 40-50 guy translating the movie by himself. its been like that forever in poland.

  8. Re:RIAA and lyrics by cfulmer · · Score: 2, Informative

    Not exactly. There is a difference between the copyright in the recording and the copyright in the underlying musical work. So, if I write a song and you record it (with my permission), then there are two copyrighted works in the recording: my song and your performance of it. So, Bob Dylan owns the rights to the song "All Along the Watchtower," but Jimi Hendrix's estate owns the rights to his recording of the song.

    The RIAA goes after those who infringe on the copyright of the recording. The Harry Fox Agency, BMI and ASCAP typically handle the rights to the musical composition.

  9. Re:What you should understand about Poland by jonfr · · Score: 2, Informative

    I have seen polish tv stations with satellite tv and I can confirm what is sad here, there is a one guy how dubs all the movies, problay tv shows too. This is also the reason why I never watch polish tv stations.

  10. Re:What you should understand about Poland by Anonymous Coward · · Score: 1, Informative

    "One guy does ALL the voices for ALL the actors in EVERY movie!"

    Actually, there is no dubbing in Poland. The guy is called a "lecturer". He is reading the subtitles. It may sound as being ridiculous, but it is still better than dubbing, in my opinion. You hear the original voice not a stupidly covered someone else's voice. I mean I hate lecturer, but I hate dubbing even more. Subtitles seem the best solution to me

  11. There are already prof translations by mkor · · Score: 2, Informative

    Their "problem" is not about lack of legal translations of the films. The films are on the market on DVDs (with some lag, but they are) with proper Polish subtitles (or the guy "dubbing", whatever you prefer). The subtitles from napisy.org are used for xvid and divx movies, where you do not have subtitles. People download movies from the net and they need subtitles for them. There's where napisy.org comes.