Man reading copyright
The daily life of translator Kim Ji-kon is insanely busy translating. I put down the translation work I was given for a while and translated a page of a meme (meme) floating around a community as a public service.
Then the so-called jackpot hit. Various responses, including praise and encouragement to the translator Kim Ji-kon, flooded in online. Did you know that during this process, a copyright was created for the translator Kim Ji-kon? Let's take a look at the scope and effect of this kind of copyright with a man who reads the copyright to two similar stories told through Gicon Studio!
Hallo This is Baek Cheol-ho from Gicon Studio, a man who reads copyright.
There's a story from the US and China. Let's take a look at copyright laws arising from these stories.
Story 1] Chicago Pizza Man
I'm a pizza man living in Chicago who has been translating Korean to English as a hobby for 3 years. Do you know the Choi Bul-am series? It's a humorous series written in a book about the size of a baby's palm that is over 30 years old. While living in the US, I started translating the Choi Bul-am series because I wanted to introduce it to friends in the local American community that I often met, and it turned out to be an interesting translation using localized expressions that made American friends laugh. This is how my own Choi Bul-am series came out. Do I have copyright too?
Author:
First of all, I would like to cheer you on the good translation. I think translation work that changes Korean culture in line with American sentiment is significant because it actually changes one culture to another other than changing letters to letters. I would like to give you a big applause for carrying out cross-culture.
I think it's necessary to find out about copyright arising from Pizza Man's story. I think it's necessary to look at ownership, which is a similar concept along with copyright.
copyrightsIt is an exclusive right of control over a copyrighted work that is an intangible object. It's so rigidly defined in the dictionary. Key keywords IncorporealThis is it. Contrary to this proprietorshipis an exclusive control over a fluid as an object. What are the main keywords fluidThat's it. For example, words that apply to ownership are house and car items. Copyright is a word related to people's thoughts, such as intellectual property rights. All creative works that express our thoughts and feelings are called copyrighted works.
Related laws: Copyright Act Section 2 (Definitions) 1. A “work” refers to a creative work that expresses human thoughts or feelings.
In light of the definition of copyright and the extent to which copyright occurs, The Choi Bul-am series translated by Pizza Man is copyrighted.
This is because it is a product that has gone through a process of hard work. Copyright occurs when the following minimum conditions are established.
1. Thoughts and feelings obtained through mental effort must be captured.
2. Words, letters, sounds, colors, etc. must be specifically expressed externally.
For example, I translated it with Google or Papago Translator. Will that create copyright? Yes, that's right. It doesn't happen. This is because there is no human effort involved.
Of course, there may be interpretations based on other laws and regulations, but since it is determined that Pizza Man's thoughts, ideas, and efforts are included through the story, copyright may occur for Pizza Man.
However, it is necessary to check whether copyright is within the scope of application. I'll add my explanation to the story that follows.
Story 2] Shanghai Soy Sauce Restaurant
Today, OTT services are very active and almost disappeared, but I remember watching foreign videos by sharing and downloading subtitles from the community until 5-6 years ago. At that time, I saw signs that looked like some kind of signature containing the identity of the person who translated the video before it started. If you translate subtitles in this way, it's understandable that the person who translated the subtitle could get a copyright, but to what extent does this copyright extend to the scope of rights?
Author:
You even know that copyright occurs. The key It's probably about how far copyright has been generated, and can that copyright be protected? Before talking, I think we should check the relationship between the original work and the secondary work. Of course, the original work itself has meaning, and a secondary work can be said to be a new processed product with additional effort using the original.
Both Pizzaman, the first live performance singer, and Gan Jajang, the second concert singer Since it is a work created with the original, it can be viewed as a secondary work. It can be assumed that the scope of rights of secondary works falls outside the scope of copyright rights of the original. At the same time, rights for secondary works are formed to the extent that the scope of rights of primary works cannot be infringed.
For example, the person who translated Squid Game is within the scope of copyright for the translated material because all the lines have been translated. If so, does the Squid Game script also fall within the scope of the translator's copyright?
As you all know, the original is the scope of the screenwriter's work. It means that only parts that do not fall within this scope can have the scope of rights for secondary copyright.
I'll try to sort it out. Copyright occurs. However, it is important to remember that secondary copyright cannot infringe on the scope of rights of the primary copyright holder.
The story of Shanghai Ganjiajang is a relatively special situation, so first I think I need to know first whether the original author is aware of the situation where the subtitle file was shared and whether they have obtained consent from the original author.
If the situation is after obtaining consent, legal rights arise, and I think commercial activities based on subtitles are possible. If you don't agree, there's a good chance you won't.
However, it seems that (the scope of copyright) can be interpreted in different laws and regulations depending on whether the purpose was commercial or non-commercial, education, or communication.
I often get this question.
Are all documents created by the company copyrighted by me?
Yes That could happen. However, there are more cases where this is not the case. This is because basically, unless otherwise specified in the labor/contract relationship, if the output comes from a relationship between an employee and an employee, the right belongs to the corporation. Copyrights can be secured if specified separately in advance.
exemplifies Copyright that occurs during the translation processLet's take a look at it.
I have a client and a translation company. The client requests a translation from a translation company, and the person in charge (PM) makes a request to the translator. I'm also asking the inspector to assign tasks. When the final product created in this way is delivered to the client, how does copyright occur and how far is the scope of rights?
The client will pay for the service, and the company will provide the output. Then all copyrights will be owned by the client. However, even in the company, copyright arises because each person who participated in the creative process had their own role. Therefore, if it is specified in the contract that the copyright for the work is jointly owned, it seems that it can be specifically protected.
Nowadays, with the development of artificial intelligence, translation results are often used as data. Good translations become high-quality data, and good data is used to create excellent artificial intelligence.
We looked at the stories of Chicago's Pizza Man and Shanghai Ganjiajang, and the copyright definition, scope, and effect of rights that occur during the translation process.
If you are in a special situation, please send a story to Gicon Studio, and we'll work together to solve problems and create content:)
🔥 Watch a video about a vivid story told by a man who reads copyright!
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*This content has been transferred from Gicon Studio to Letterworks.