Polish Fans Held By Police For Movie Translations

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).'"

Comments

Same type of laws in the US (and most countries)?

[KokorHekkus]

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>

Re:Illegal thing...

[Yetihehe]

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.

Re:Illegal thing...

[Jhon]

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...