Translation question

[Anfenwick]

Hi, I hope someone might be able to help me with this question.

If I had made a new translation of a book which is in the public domain, does anyone know a good (legal) reason why I couldn't just go ahead and publish it independently?

PS: there is one previous translation, also old enough to be in the public domain, but it is really very bad in all sorts of ways. I don't feel like I would be stepping on anyone's toes or anything.

[Owen]

Anne wrote: "Hi, I hope someone might be able to help me with this question.

If I had made a new translation of a book which is in the public domain, does anyone know a good (legal) reason why I couldn't just ..."

I'd think public domain is public domain, and your translation would represent a new work, independent of any other translations, public domain or not. (After all, how translations of the Iliad are out there?)

But your best bet is to consult with a lawyer who specializes in intellectual property law.

[[deleted user]]

Anne. Many people have translated books in the public domain and some have copyrighted their effort. Keep in mind, they are only copyrighting new material and changes they made. I got a copy of "The Curse of Capistrano: The Mark of Zorro" I found on the public domain, originally published in 1917. I cleaned it up, edited it, and added a glossary of terms in the back. The book was already put on Amazon by more than one publisher. I chose to release my version back into the public domain free of charge. You may see my version of this classic on http://www.morrisegraham.com under downloads, in PDF, eBook, and epub. My current project is "The Count of Monte Cristo."

Hope this helps

Best regards, Morris

[Bruce]

Definitely check with a lawyer, just for good measure. Also, some publishing platforms may not allow it. Smashwords specifically mentions public domain works are not allowed.

[Owen]

Bruce wrote: "Definitely check with a lawyer, just for good measure. Also, some publishing platforms may not allow it. Smashwords specifically mentions public domain works are not allowed."

I could be wrong, but I suspect a translation of a public domain work would be allowed on Smashwords because the translation itself in not a public domain work.

[Igzy]

https://kdp.amazon.com/help?topicId=A...

http://www.copylaw.com/new_articles/P...

I'm not a lawyer, and this is not meant to constitute legal advice (always, always seek legal counsel for stuff like this), but these two links directly speak to the question you are posing. I hope it leads you in the right direction.

[P.D.]

Smashwords:

Can I publish public domain books on Smashwords?
No. You must be the original author of the work, or the exclusive electronic publisher or distributor of the work. The only exception to this rule is if you are the author of the public domain book.