Copyright law and translation: crossing epistemologies

Basalamah, Salah; Sadek, Gaafar

doi:10.1080/13556509.2014.931020

Cited by 8 publications

(3 citation statements)

References 14 publications

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“…The discussion will assess various reform options available at the 4 Report of the Special Rapporteur in the Field of Cultural Rights, Copyright Policy and the Right to Science and Culture UN Doc A/HRC/28/57 (2014) para 68. 5 See, eg, Basalamah and Sadek 2014 The Translator 407 ("[T]ranslation's mandate is the dissemination of knowledge and the promotion of the sharing of information and cultural difference"); Edwards and Ngwaru 2011 Int J Biling Educ & Biling 589 (holding that translation may help solve the problem of the dearth of educational materials in African languages); Kelly The True Interpreter 1 (remarking that Western Europe owes its civilisation, rooted in the Roman Empire, to translation); Ketzan 2007 Tul J Tech & Intell Prop 221-222 (in the context of addressing the potential of machine translation, pointing out its importance to the survival of minority languages); Talagala Copyright Law and Translation 13 ("[D]eveloping countries need to translate these materials into the local languages. Translation facilitates access to knowledge.").…”

Section: Cultural Survival Through Translation?mentioning

confidence: 99%

Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

Beiter

2024

PER

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The lack of works for educational and cultural literacy purposes in their own languages threatens the cultural survival of many vulnerable minority and indigenous groups worldwide. Translation could satisfy related access needs. A strict reading of international copyright law, however, does not facilitate the translation of works into other languages. Yet, it is often forgotten that, in accordance with the integration rule of treaty interpretation, the Berne Convention, and other relevant international intellectual property instruments, would have to be read in the light of internationally protected linguistic human rights in education and for cultural literacy. This mechanism could go some way towards assisting the easier translation of (parts of) works for the stated purposes into other languages. The argument made in this article, however, is that a harmonious reading of existing international copyright law with international human rights law cannot go as far as to sufficiently resolve the access needs of vulnerable groups speaking an endangered language, insofar as translated texts are concerned. In fact, it is contended that the existing regulation of translation under international copyright law is so inimical to the survival of vulnerable groups and their languages that it must be held to promote cultural or linguistic genocide. For that reason, the relevant copyright rules must be considered to conflict with ius cogens, that is, peremptory norms of international law, and to be void in their application to neglected languages. The article makes suggestions as to how countries could design national copyright law regulating translation rights and limitations and exceptions in a way that facilitates translation generally, and into neglected languages specifically. These suggestions are based on a reappraisal of the true character of translation, which must be seen to be highly transformative in nature and resulting in the creation of autonomous new works.

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Section: Cultural Survival Through Translation?mentioning

confidence: 99%

Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

Beiter

2024

PER

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“…In classical and renaissance culture, for example, translatio or interpretatio were seen as the lowest modes of adaptation, with imitatio and aemulatio much higher up the ladder (Warners 1956(Warners -1957D'hulst 2018). The growing awareness about -and battles over -intellectual property rights as of the 18 th century marked a shift in the position of the translational mode (Baldwin 2014;Bachleitner 2018: 105-107;Basalamah & Sadek 2014).…”

Section: Translation Circulation Of Knowledge and Russian Historymentioning

confidence: 99%

Is translation child’s play? Circulation of knowledge in Lomonosov’s Kratkij rossijskij letopisec s rodosloviem (1760) and its translations

Coudenys¹,

Warditz²

2021

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Is Translation Child's Play? Circulation of Knowledge in Lomonosov's Kratkij rossijskij letopisec s rodosloviem (1760) and its Translations 1765 and 1767 saw the publication of the German, respectively the English translations of Lomonosov's Kratkij rossijskij letopisec s rodosloviem (1760). For the very first time the European reading public could find out how Russians saw their own history. These translations testified to Russia's ascent both as an empire and as a part of European learned society, and were made by youths who wanted to further their own career and were neither professional translators nor historians. In this article, we argue that the translations of Lomonosov's Kratkij rossijskij letopisec s rodosloviem should not be studied as an isolated act of cultural transfer, but as an episode in a longer history of circulation of knowledge. We demonstrate the complexity of this circulation by reassessing the 'quality' of these translations and positioning them in that longer history of circulation of knowledge by analyzing the distribution of historical concepts (Begriffe) in Lomonosov's original and its translations.

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“…Some research, although not directly about privacy or MT, touches on privacy matters in terms of how human translation tasks are structured and monitored online (Garcia 2017;Moorkens 2020;Vieira, Ragni, and Alonso 2021). There are also analyses of how translations themselves involve different matters of copyright (e.g., Moorkens and Lewis 2020;Basalamah and Sadek 2014;Venuti 1995).…”

Section: Introductionmentioning

confidence: 99%

Privacy and everyday users of machine translation

Vieira

O’Sullivan

Zhang

et al. 2022

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The concept of privacy is central to technology use, but in machine translation (MT) research the meaning of privacy, and what it represents to everyday MT users, are both often left unquestioned. This article examines user conceptualisations of privacy and their implications for the understanding of human-MT interaction. It draws on the privacy literature, on an online forum and on a survey of MT users. The findings show that while users have concerns about sharing information such as passwords, images, and contact details with MT providers, some of them can conversely see MT as a technology that provides privacy. The article discusses these findings in relation to the informational and relational dimensions of privacy. It argues that relational privacy, and the interpersonal exchanges for which MT can be used as a substitute, should be considered more explicitly in discussions of the societal implications of MT technology.

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Copyright law and translation: crossing epistemologies

Cited by 8 publications

References 14 publications

Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

Is translation child’s play? Circulation of knowledge in Lomonosov’s Kratkij rossijskij letopisec s rodosloviem (1760) and its translations

Privacy and everyday users of machine translation

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