Wednesday, August 07, 2013

Copyright Law - First Circuit: Are Translations Copyrightable?

Translations of Ancient Texts, Originality,  Substantial Similarity, Derivative Works, Motion for Summary Judgment

Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory, 689 F.3d 29 (First Circuit August 2, 2012).   Monastery is holder of copyright to translations of ancient texts.  Archbiship Gregory copied texts and put them on the internet.  Monastery sued.   Monastery did not lose rights to texts under “general publication” doctrine under the 1909 Copyright Act.  Translations were original and copyrightable.  Use of texts not fair use.  Lengthy analysis of monastic statutes showing that Monastery the true owner.  Translations may be original and copyrightable, despite being derivative of another product that may be in the public domain.
 Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here  

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