Question Sued for Translation?

Hi,
I'm not sure where to post this, but basically, my team is translating some novels, and I was wondering if it's possible to get sued for translating them.

Also, would I get sued for translating from QI/xxsy/yunqi?

 

Most translation groups will get a DMCA or whatever telling them to stop or get in trouble. They just stop translating the novel that gets the warning but never heard of anyone being sued since they would go underground instead if they wanna continue translating it.

 

It's possible.

Will it happen? I'm not qualified to give legal advice so my personal answer is "I don't know." There are factors that you can use to reduce your likelihood (stay small, don't earn money, pick novels that aren't under the umbrella of a money hungry owner, stay respectful...). But if you're just unlucky, it can happen.

Generally, you'll get a cease and desist though. As long as you stop then, like the replier above says, they won't pursue further action.

 

YES OF COURSE, If the original works are under copyright, the derivative works are protected. That includes translations.

But there are explanation why your translation can be salvaged, by using fair use rationale, this is why if you do it for profit you are basically committing suicide.

PS : Next time ask this question on translator corner instead on general.

 

It's probably possible, since they technically own the translations.

However, that probably won't happen, especially if your translation group isn't earning any money off of it and isn't a company. Most of the time, you'll just get a cease and desist, copyright claim to take your stuff down, or a DMCA or something.

 

Thanks, so basically nothing will happen, I might get a copyright claim to take my stuff down, or a DMCA, but I won't need to pay for those right?

 

Depends on the damage, if they think you caused too much damage this will happen.

https://www.japantimes.co.jp/news/2...gal-manga-site-arrested-deported-philippines/

 

okay, tbh, I'm now kinda scared from translating

 

It's very unlikely you'll get sued. It is very likely you'll get a DMCA telling you to take everything down. You'll only get sued if you continuously refuse to comply.

But, part of this is because you're picking from QI/Yunqi (idk what xxsy is). They are notorious for DMCAs.

Try JJWXC (for CN novels), even DMCAs are very unlikely from that site.

Btw this should probably go in the Translators' Corner forum as well, instead of Novel General XD

 

xxsy is one of the other China Reading / Yuewen subsidiaries (Qidian parent company)

Yuewen own 50% of JJWXC shares

 

Translating is definitely a violation of US Copyright law. The following is what may happen under monetary damages.

Via Wikipedia

Since proving actual damages is almost impossible than damages would be between $300 and $30 000 before a DMCA has been sent. If a DMCA is sent then you would no longer be 'innocent' and would instead be willful and thus damages would be between $750 and $150 000. This is also why most publishers sent a DMCA notice first. It's not really worth it for them to sue you and only get $30k max. It's much more profitable to have you ignore the DMCA and then they can make $150k.

All this said, this is the law in the USA. If you reside in a non US country while translating and publishing the work in English these laws do not have any effect on you. You would need to look up the copyright laws on literature in the country you reside in.

No matter which country you live in, you also have to be aware of the laws in the country the work is published in. You could also be sued in the published country, so to speak China, Korea, or Japan.. depending on what you are translating. This would of course make things much much more complicated. In the US you have to show up in court to be tried... in other countries you don't. In Italy for example several American CIA operatives were convicted of murder while they were in the USA during the trial with nobody representing them... as long as they don't leave the US they have nothing to worry about... but that's just a random example.

 

ja!
this cat country kinda fuzzy on copyright stuff!
but it also worth to consider these day most well known webserver based on USA company so another way despite they nay not sue it quite possibly the server provider jusk kick around~

 

this is true in some places but first you better check your country copyright laws
and when you are online the laws are mostly applied based on ip i think also it is good for you to get licenses for all the things you do
well search it in some translators website or ask some well known translator directly

 

Is that even feasible? I meant could you be sued if the author and the translator from a different country?

 

I'm not sure what the shares thing is about but I can tell you JJWXC is pretty safe. (doesn't fix legality issues but you are not likely to get sued)

You can ask other translators if you want to back me up on this.

In constrast, Qidian is the like the public hot potato so idk why that was even brought up as an option...

 

yes an authors copyright is valid in almost many countries except if your country is in the red list of united nations world trading commerce or something (dont remember it exactly) cause there is a directory for these rules when two people are from different country