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Re: ldp-es_20002103-7_i386.changes REJECTED



On Tue, Oct 29, 2002 at 09:03:31PM +0100, Javier Fernández-Sanguino Peña wrote:

> > "Independent of" doesn't mean "supersedes".  It means "coexists with".

> 	"Coexist" doesn't mean that the original "supersedes" the
> translation, they can be different.

>>> "Article 2

>>> (3) Translations, adaptations, arrangements of music and other alterations
>>> of a literary or artistic work shall be protected as original works without
>>> prejudice to the copyright in the original work."

>>> This means that they have their own copyright but do not change the
>>> original work's copyright.

>> Exactly.  The original copyright still applies.

> 	No it doesn't.
> 	The original copyright applies to the original work.
> 	The translation's copyright applies to the translation.

If you create a work by building on top of another creative work, you
have created a derived work; and although you have a copyright on the
derived work, there are still limits on what you can do with your work
without the permission of the author of the original work.

The text you're quoting is there to *acknowledge that translations are
also creative efforts*, and are therefore copyrightable; this is
important, because without it, translations of out-of-copyright works
such as Homer's Iliad might be regarded as part of the public domain.
However, it does NOT mean they are exempt from the normal rules governing
the licensing of derived works.

> > Any DFSG-free license will grant license to produce translations, since
> > translation is a form of modification.

> 	I'm not sure that's valid under copyright law. 

Under the DFSG, we require the freedom to create and distribute derived
works, without discrimination against fields of endeavor.  A translation
is a derived work, therefore a license that permits creation of derived
works must permit translations.

There are other ways that you can achieve a DFSG-compliant translation of
a work that is not DFSG-compliant, but this can only be done by
negotiating an appropriate license with the copyright holder of the
original work.

Steve Langasek
postmodern programmer

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