Found an issue on this page? Let us know and we will look into it as soon as possible.
Copyright infringement for classical literature?
Anonymous5 views2 answers
Do I need to worry about copyright if I'm writing a contemporary version of a stage play from classical literature? What about translations? If I'm working off a particular translation do I have to consider any legal ramifications? Would I have to get an original translation in order to write a contemporary version? If this is done with a grant or in an educational environment do different/any restrictions apply?
The prior answer was quite thorough.
There is currently a bestseller "mashup" of a contemporary version of Jane Austen's "Pride and Prejudice," with zombies added to the story, and because of the age of Austen's work, it had fallen into the public domain and was available for such use (or misuse, as some might say).
I would think that if you are updating a classic, that what translation you use wouldn't matter, because your contemporary version would not hew too closely to the original work and be recognizably from any particular translation.
As for public funding you're receiving to write this, that doesn't change the analysis of whether you're infringing on anyone's work by undertaking this project.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
If you mean a work of authorship that is over 200 years old the answer is that it has fallen into the public domain in its original language.
If you are working off a translation into English and that work was done in the 2nd half of the 20th century the author may still be living or if deceased the statutory protection period of life of author + 100 years would apply.
You would need to get the copyright owner's written permission or license to "update" the version of the play. It would be a derivative work which the copyright owner would then own.
If you don't want to get permission from the copyright owner of the translation, do your own translation.
The answer to your last question depends upon what the grant says. The US Government does not have copyright rights. But you may have contractual limitations.
Hire a copyright lawyer to help you out. Good luck.
Disclaimer: I am offering this information for educational purposes only. I am not your attorney. You should speak to a lawyer in your state.