Copyright Questions of the Month: Odd Language Translations

Q: We have had a large number of immigrant/refugee families move into our district. They speak a couple of Asian and Middle Eastern languages. We have been unable to find recreational and informational books in their languages. We have some fluent volunteers who are willing to translate into the various dialects whatever books we need. I’m concerned about copyright issues, though I can make a good fair use argument for making the translation, especially because, as far as we know, these books are not available in the languages these students speak. Isn’t this similar to making a Braille book for a visually impaired student? Should we be concerned?

A: A translation is a derivative work, and the right to make derivative works is owned by the copyright holder. Many copyright owners vigorously guard that right because they don’t want just anyone making a translation that might be inaccurate or less literary than the original work. While there are laws that allow works to be converted into formats accessible to the print disabled, there are not similar laws regarding other languages. Your best bet is to ask permission, but don’t be surprised if you are turned down.

DISNEY CHARACTERS AS ART

Q: An art teacher asked me if she could display one of her students’ illustrations at a local art show. This particular illustration, however, is of Daisy Duck, arranged like on the TV cartoons. Of course, this is a Disney registered trademark, so what do you think— can she display or would that be playing with fire, especially with Disney?

A: You never know with Disney. Of course this is a copy, but a copy made by a student for her personal use. That is arguably fair. Now, when that personal use becomes public, Disney can get its panties in a wad. You could argue that the display is fair because it is the student’s personal use, but they could still cause a problem even if the student might actually win in court. Is there a Disney store or other Disney affiliate there? The more likely that a Disney employee sees the display, the more likely they are to report back to Disney. They get paid a bounty for making such reports. You need to discuss with your district’s attorney if the school is going to sponsor the show. If the student is doing the contribution to the show, the onus is on the student or the sponsors of the show. The school should not have liability if the school is not involved in the actual display.

CONVERSION OF FILMSTRIPS TO DIGITAL FORMAT

Q: We have several older filmstrips that teachers still use; they were never released in VHS and will not be released on DVD. The filmstrips are dying but the content is still very relevant for the courses that use them. We have a technology class that is capable of converting the filmstrips to DVD. Under copyright I believe it is permissible to convert the information (filmstrips) to another format when you cannot use/access the information in the original format. Is it permissible to convert a filmstrip to DVD for classroom use?

A: Under the Digital Millennium Copyright Act, material in an obsolete medium may be transferred to another medium, even a digital one. A library can make up to three digital copies of the work. However, the material thus transferred may not leave the premises of the library.

A medium is obsolete when the equipment on which to play the medium is no longer available in the marketplace. I did a recent check, and filmstrip projectors are no longer available in the marketplace, so filmstrips are indeed obsolete. DVD is a digital format, so if the filmstrips are transferred, you may not circulate the DVDs beyond the library.

BOOKSTORE PHOTOS

Q: I was in the bookstore yesterday to purchase a book for my graduate class. Two books caught my eye as something I might be interested in another time. So I took out my iPhone to use Evernote and take a picture. I was informed by the clerk that I was breaking copyright laws by taking a picture of the books! Do I need to be on the lookout for the federal marshals?

A: No, you weren’t violating copyright law by taking a photo of the books (assuming you were not copying them page by page), and you own the copyright of the photo that you took! But can the shop owner refuse permission to take photos in his store? He certainly can.

Every effort is made to provide accurate, up to date information in response to copyright questions. However, this column is not intended to take the place of legal advice. For more information, consult your school districts attorney.