Are transcripts of TV shows a violation of copyright?

[leosmith]

What is the name of your state (only U.S. law)? Washington

I have seen transcripts of Russian and Chinese TV programs typed up and posted on web sites, for the purpose of helping language learners. In the case of the Russian program, no transcripts or subtitles were available from the TV show production company, so the typist created the transcripts by listening and typing. In the case of the Chinese show, there were already subtitles available, so the typist copied the subtitles into a text document.

Questions:
1) Are these violations of copyright law?
2) If so, how likely is legal action?

 

[justalayman]

You would have to research Chinese and Russian copyright law.

 

[quincy]

What is the name of your state (only U.S. law)? Washington

I have seen transcripts of Russian and Chinese TV programs typed up and posted on web sites, for the purpose of helping language learners. In the case of the Russian program, no transcripts or subtitles were available from the TV show production company, so the typist created the transcripts by listening and typing. In the case of the Chinese show, there were already subtitles available, so the typist copied the subtitles into a text document.

Questions:
1) Are these violations of copyright law?
2) If so, how likely is legal action?

Under U.S. copyright laws, translations are derivatives of the copyrighted works so to publish translations without permission from the copyright holder would be an infringement of rights.

Infringement notices, with cease and desist demands and requests for compensation for unauthorized uses, are more common than infringement suits - but it depends on the copyright holder and the work infringed.

I am not familiar with either Russian or Chinese copyright laws, but you could check the World Intellectual Property Organization's website at http://www.wipo.int and do a search of their laws.

 

[FlyingRon]

China and Russia are both signatories of the Berne convention. While this doesn't necessarily guarantee that they have compliant copyright laws in place, it is probably reasonable to assume they do.

Further IF YOU ARE IN THE US, the US law still applies here because we are compliant with Berne (for the most part). Those works in the US are protected AS IF they were US works. Since it is clearly illegal to do so with US works, it's also illegal to do so with protected foreign works from Berne countries.

 

[quincy]

China and Russia are both signatories of the Berne convention. While this doesn't necessarily guarantee that they have compliant copyright laws in place, it is probably reasonable to assume they do.

Further IF YOU ARE IN THE US, the US law still applies here because we are compliant with Berne (for the most part). Those works in the US are protected AS IF they were US works. Since it is clearly illegal to do so with US works, it's also illegal to do so with protected foreign works from Berne countries.

It will be the laws of the country where any infringement occurs that will need to be considered so I agree with FlyingRon that, if the unauthorized translator of Russian or Chinese works resides in the U.S., the translator will be held to the laws of the U.S. - which protect the rights of authors if their works are translated without permission.

That said, Chinese copyright laws and Russian copyright laws differ in significant ways from U.S. laws, including differences in the laws when it comes to translated works. There are fewer restrictions placed on those who wish to translate a copyrighted work.

In all three of these countries, as a note, there are exceptions to the uses of copyrighted works, including a "fair" use of copyrighted material when used for educational purposes. Whether the translations used to assist in language learning would fall under this education exception is best reviewed by professional in your area.

For the Copyright law in China, you can use the WIPO link I provided earlier or, more specifically, http://wipo.int/clea/en/details.jsp?id=6062, or you can look at http://www.china.org.cn/english/government/207485.htm. You will want to refer to Article 22 of China's copyright act.

Russia's copyright laws have undergone many revisions in recent years and it is hard to direct you to anything other than the WIPO site originally provided or, more specifically, http://www.wipo.int/wipolex/en/profile.jsp?code=RU, and here is a link to a UNESCO site last edited in 2003: http://orwell.ru/unesco.html. Again, Russia has made changes to their copyright laws, but you could refer to Article 12.1.

It can be important to review your intended uses with an IP attorney well-versed in the international laws that apply to the works you wish to translate.