translating chess material and author's right

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Uri Blass
Posts: 10310
Joined: Thu Mar 09, 2006 12:37 am
Location: Tel-Aviv Israel

translating chess material and author's right

Post by Uri Blass »

I teach chess in israel based on the step methods and
I thought to translate some chess material that I bought from english to hebrew

https://www.chess-steps.com/books.php

The chess material include a lot of diagrams that I do not need to translate.

Of course basically I have the right to translate material that I bought if I do not sell it or give it to others.

The person who has the rights for the material told me the following:
"I am the publisher of the English, French, German and Dutch
editions. Licenses for other languages are not granted any longer."

Now the question is if there is a legal way to translate the material and sell it or give it to other people.

I thought about the following way in case that I want to sell 10 copies of workbook step 1 in hebrew.
1)buy 10 copies of workbook step 1.
2)sell 10 copies of translation in hebrew together with the copies that I bought in english.

question 1:Is it legal and there is no problem of author's right?
question 2:is there a good way to generate and edit the same diagrams that I do not need to translate?(in some diagrams there are english letters near the diagrams that I want to translate to hebrew so I need to edit but in most diagrams there is nothing to translate).

I decided to put the subject here because of question 2 and software that can help to copy chess diagrams from books is relevant here.
matthewlai
Posts: 793
Joined: Sun Aug 03, 2014 4:48 am
Location: London, UK

Re: translating chess material and author's right

Post by matthewlai »

I am not an expert on copyright law, let alone Isreali copyright law, but as far as I know, there's no exception for distributing the original with your derivative work. There is more to copyright law than revenue protection (which is what distributing the original compensates for) - eg. the author's reputation may be damaged if your translation is wrong and people thought the error is in the original.

I suspect there's no way to do it legally except signing a license agreement with the publisher.
Disclosure: I work for DeepMind on the AlphaZero project, but everything I say here is personal opinion and does not reflect the views of DeepMind / Alphabet.
syzygy
Posts: 5566
Joined: Tue Feb 28, 2012 11:56 pm

Re: translating chess material and author's right

Post by syzygy »

Uri Blass wrote: Sat Dec 29, 2018 10:15 am Of course basically I have the right to translate material that I bought if I do not sell it or give it to others.
Not necessarily. Translating material is a form of copying. Israeli copyright law might grant you the right to make personal copies for private use, but not all copyright laws do.
The person who has the rights for the material told me the following:
"I am the publisher of the English, French, German and Dutch
editions. Licenses for other languages are not granted any longer."

Now the question is if there is a legal way to translate the material and sell it or give it to other people.

I thought about the following way in case that I want to sell 10 copies of workbook step 1 in hebrew.
1)buy 10 copies of workbook step 1.
2)sell 10 copies of translation in hebrew together with the copies that I bought in english.
So you are using the private copying exception of Israeli copyright law (assuming the exception indeed exists) to create a personal copy for private use for each copy that you bought. Then you sell the copies that you bought and together with them the personal copies for private use.

I don't think this will work, since you are not making copies for private use if you have the intention to sell those copies. (But you might first want to find out the precise formulation in Israeli copyright law of the private use exception.)
duncan
Posts: 12038
Joined: Mon Jul 07, 2008 10:50 pm

Re: translating chess material and author's right

Post by duncan »

Uri Blass wrote: Sat Dec 29, 2018 10:15 am I teach chess in israel based on the step methods and
I thought to translate some chess material that I bought from english to hebrew

https://www.chess-steps.com/books.php

The chess material include a lot of diagrams that I do not need to translate.

Of course basically I have the right to translate material that I bought if I do not sell it or give it to others.

The person who has the rights for the material told me the following:
"I am the publisher of the English, French, German and Dutch
editions. Licenses for other languages are not granted any longer."

Now the question is if there is a legal way to translate the material and sell it or give it to other people.

I thought about the following way in case that I want to sell 10 copies of workbook step 1 in hebrew.
1)buy 10 copies of workbook step 1.
2)sell 10 copies of translation in hebrew together with the copies that I bought in english.

question 1:Is it legal and there is no problem of author's right?
Copyright penalties seem quite strong in Israel. Imo best consult legal experts rather than what feels right.
http://www.alpip.co.il/Israeli_Copyright_Law

A copyright owner whose rights were infringed is entitled to file a civil claim against the infringer. Such claims usually involve both a claim for injunctive reliefs as well as for monetary reliefs. Since it is usually hard to prove exact damages, the Copyright Act provides that the plaintiff is entitled to claim statutory damages (without proof of actual damages) at the amount of up to NIS 100,000 for each infringement.
syzygy
Posts: 5566
Joined: Tue Feb 28, 2012 11:56 pm

Re: translating chess material and author's right

Post by syzygy »

A machine translation of the Israeli Copyright Act 2007 can be found here: https://wipolex.wipo.int/en/text/202010

As far as I can tell, the Israeli copyright law does not provide for an exception allowing private copies for personal use. So even producing a translation for one's own private use seems to be a copyright infringement.