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 Post subject: Re: i want to see if people will pay for this.
Post #21 Posted: Sat Aug 14, 2010 7:17 pm 
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hailthorn011 wrote:

From what I know of copyright infringement and plagiarism, there are some tactics you can use in making your own Go translation books while using the same information:

A. Translate it completely into your own words. Basically, reform every sentence with different words. Use words of similar meaning, and form them differently.

B. For diagrams, make your own diagrams. Use the diagrams in the book, but remake them. Maybe make a few alterations that won't matter in the specific diagram.

C. For names of pros, make up your own names for the players. It's not that hard. :D

If you follow these steps, I believe it will be perfectly legal. And I would pay 10-16 dollars for it.


What you are essentially saying is: 'write your own magazine based on the games and tsumego of the Korean magazine'. As if translating a magazine wasn't hard enough.

When someone translates, they translate the meaning not word for word since often times there is no word that means exactly the same thing in both languages (other than many of the nouns). So no matter how you spin it, it ends up 'in your own words'. There was a guy who translated Harry Potter (for free) into French, as the newspaper article put it: so the French fans wouldn't have to wait the lengthy time it took for the french translation to come out. He got into trouble for that. The overall content matters in copyright.

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Post #22 Posted: Sat Aug 14, 2010 7:23 pm 
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hailthorn011 wrote:
...
If you follow these steps, I believe it will be perfectly legal.
...

I don't. This is like rewriting the Harry Potter stories, but using a character named Perry Hatter, and changing all the sentences, but keeping the plot. Doesn't sound legal to me. Well, maybe legal, but be ready for a lawsuit!

But what do I know. And maybe hailthorn is just pulling our collective legs. :)

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Post #23 Posted: Sun Aug 15, 2010 6:28 am 
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You would have to be contracted by their company, or as a freelancer, to translate their magazine for english markets. In order to do that, they would have to be interested in publishing their magazine in English markets. Selling online wouldn't be good enough. And THEY would need to be making a profit. YOU would be getting paid by them for translating, but not for selling the magazine.

Speaking as a translator, we usually get paid by the word. There are no standard rates in America, but there might be set international rates. It's up to you to charges how much you want. Keep in mind, however, that you're not going to make much more than 12 cents per word translated. If you want to make a lot of money, then you have to translate fast, and a lot.

You don't have the rights to the content, so you'll need to persuade them that their's a market for their magazine in the United states. You probably won't do that in jeans and a T-shirt. You'll need to hire a Research firm or otherwise do the market research yourself, and then you'll probably need to build a list of contacts to get you in touch with their company. Then you need to prove to them that you can get them in touch with a publisher in the states, and a distributor.

You need to make projections as to how much profit will be expected. Here the economy is working against you. We're in a recession right now. Go isn't big in the U.S. A small market means translation isn't big. You might need to convince them to do a small test run somewhere. Good communication skills are a must. You need to be able to talk, to be able to do business. You can't just say, "hey! I'm a go fan! I love go! And I want to share my love of go with the world!"

You're a translator, so you'd probably need someone who's able to smooth talk on your team. Then you'd need someone with enough business contacts. Luckily, there's plenty of people out of work. Just go to a business fair and hire somebody dirt cheap.

If you think you can do it, go for it. I mean, come on, it's not like you were doing anything else with your life, right? ;-)

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Post #24 Posted: Sun Aug 15, 2010 7:41 am 
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hailthorn011 wrote:
...
If you follow these steps, I believe it will be perfectly legal.
...


No.

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Post #25 Posted: Sun Aug 15, 2010 9:02 am 
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GoCat wrote:
hailthorn011 wrote:
...
If you follow these steps, I believe it will be perfectly legal.
...

I don't. This is like rewriting the Harry Potter stories, but using a character named Perry Hatter, and changing all the sentences, but keeping the plot. Doesn't sound legal to me. Well, maybe legal, but be ready for a lawsuit!

But what do I know. And maybe hailthorn is just pulling our collective legs. :)


A story is quite different from a book depicting games and details, diagrams, ect. However, there is a reason why I said there should be subtle changes to everything the was put into the book. If you take one paragraph and completely re-say it, but get the same general meaning, it is fine. How else would there be multiple text books on the same matter? Acutally, that gives me a great idea. If he were to use exact wording, diagrams, ect. He could simply cite where he got the information from.

I mean, I guess you can't take my word for anything. :D I'm basing this off of what I learned in high school, after all.

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Post #26 Posted: Sun Aug 15, 2010 10:54 am 
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hailthorn011 wrote:

I mean, I guess you can't take my word for anything. :D I'm basing this off of what I learned in high school, after all.


Making copyright infringement harder to prove does not make it legal. And to answer one of your analogies--paraphrasing a textbook and releasing it as your own would be infringement. This is based on what I learned in law school :).

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Post #27 Posted: Sun Aug 15, 2010 4:37 pm 
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I am interested in English translations for issues between 05-2010 and 05-2011. With the possibility of interest further into the future.

I can also prove I own (or will own) each issue mentioned above - if that helps with copyright issues.

Furthermore, if you can't sell your translation because of copyright issues, I'd be willing to pay for "monthly korean language lessons" as an alternative. There are many different ways someone could approach this situation with tact.

By the way, If you have confidence in your pronunciation - I'd be willing to pay a little extra for a few pages read aloud in korean (mp3 file).

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Post #28 Posted: Sun Aug 15, 2010 7:30 pm 
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GoCat wrote:
hailthorn011 wrote:
...
If you follow these steps, I believe it will be perfectly legal.
...

I don't. This is like rewriting the Harry Potter stories, but using a character named Perry Hatter, and changing all the sentences, but keeping the plot. Doesn't sound legal to me. Well, maybe legal, but be ready for a lawsuit!

But what do I know. And maybe hailthorn is just pulling our collective legs. :)



I believe that someone on this thread has already mentioned the "easiest" way to make this a legal endeavor (without contacting the original publisher for translation rights of course...). If you shipped the translations with an original copy of the magazine to each person (essentially making it to where all your customers had subscribed to the magazine and were paying an additional premium to have it translated). There wouldn't be an issue with copyright infringement because everyone involved would own their own copy of the original work, so no damage to the original producer. Of course this would mean a large increase in cost for everyone, etc....

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Post #29 Posted: Sun Aug 15, 2010 8:08 pm 
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i will let you know the detail after i setup everythin.

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Post #30 Posted: Mon Aug 16, 2010 12:59 am 
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As a freelance writer and translator, and someone who's done a lot of reading up on copyright regarding translations, I can assure you that none of the "workarounds" proposed in this thread are even remotely legal. You can't just paraphrase and get away with ripping off content. The only way to be legal is to make a deal with the copyright holder.

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Post #31 Posted: Tue Aug 17, 2010 2:26 am 
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kirkmc wrote:
As a freelance writer and translator, and someone who's done a lot of reading up on copyright regarding translations, I can assure you that none of the "workarounds" proposed in this thread are even remotely legal. You can't just paraphrase and get away with ripping off content. The only way to be legal is to make a deal with the copyright holder.


Not true, what Mef said is legal.

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Post #32 Posted: Tue Aug 17, 2010 2:35 am 
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No it's not. You cannot translate something for commercial use, even if you include the original, without paying a copyright fee.

I find it amazing the intellectual hoops people jump through and the ideas they come up with to justify intellectual property theft...

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Post #33 Posted: Tue Aug 17, 2010 2:42 am 
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kirkmc wrote:
No it's not. You cannot translate something for commercial use, even if you include the original, without paying a copyright fee.

I find it amazing the intellectual hoops people jump through and the ideas they come up with to justify intellectual property theft...


As far as I am aware, you can. You cannot translate and sell it as a commercial product, but you can be employed to translate as a paid for service on a case by case basis to people that own original material.

If I own a French book, I am very entitled to ask someone to translate text for me, and pay them for their time and energy in doing so. However, the idea of shipping the original + translation at the same time sounds more dubious to me, where it is clear people are just buying a translated product.

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Post #34 Posted: Tue Aug 17, 2010 2:47 am 
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topazg wrote:
kirkmc wrote:
No it's not. You cannot translate something for commercial use, even if you include the original, without paying a copyright fee.

I find it amazing the intellectual hoops people jump through and the ideas they come up with to justify intellectual property theft...


As far as I am aware, you can. You cannot translate and sell it as a commercial product, but you can be employed to translate as a paid for service on a case by case basis to people that own original material.

If I own a French book, I am very entitled to ask someone to translate text for me, and pay them for their time and energy in doing so. However, the idea of shipping the original + translation at the same time sounds more dubious to me, where it is clear people are just buying a translated product.


You can make a translation for personal use, but once money and other people are involved, then you violate copyright. Just because the people own the original doesn't make it any more legal to sell a translation.

As to whether you can pay someone to translate something for your own personal use, that's a gray area. I've done translations of that type for businesses, who are not distributing the texts outside their companies, but they are distributing them to employees, so it's most probably illegal. Consider this akin to charging someone to view a DVD that you own; it doesn't matter that you're making what's technically called an "adaptation" of the work. It's still a violation of copyright.

FWIW, here's another interesting gray area. You could translate a book that is _about to_ fall into the public domain, and be paid for it, as long as the actual publication doesn't take place until after the book has become copyright-free. You could be paid years before publication even, as long as the translation isn't published.

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Post #35 Posted: Tue Aug 17, 2010 2:50 am 
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kirkmc wrote:
You can make a translation for personal use, but once money and other people are involved, then you violate copyright. Just because the people own the original doesn't make it any more legal to sell a translation.

As to whether you can pay someone to translate something for your own personal use, that's a gray area. I've done translations of that type for businesses, who are not distributing the texts outside their companies, but they are distributing them to employees, so it's most probably illegal.


Yes, I agree.

For that matter, lending people purchased books is also a legal grey area, let alone purchased music which sometimes explicitly forbids it in licence agreements ;)

Wow, this could open such a big can of worms soon ...

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Post #36 Posted: Tue Aug 17, 2010 3:00 am 
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topazg wrote:
kirkmc wrote:
You can make a translation for personal use, but once money and other people are involved, then you violate copyright. Just because the people own the original doesn't make it any more legal to sell a translation.

As to whether you can pay someone to translate something for your own personal use, that's a gray area. I've done translations of that type for businesses, who are not distributing the texts outside their companies, but they are distributing them to employees, so it's most probably illegal.


Yes, I agree.

For that matter, lending people purchased books is also a legal grey area, let alone purchased music which sometimes explicitly forbids it in licence agreements ;)

Wow, this could open such a big can of worms soon ...


Actually, lending people purchased books or other content is not at all a gray area; it's a part of the "first sale doctrine":

"Under the first sale doctrine (section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc. of the item, but it does not permit reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the copyright holder, because the transfer of the physical copy does not include transfer of the copyright rights to the work."

http://www.copyright.com/viewPage.do?pageCode=cr10-n

Of course, with CDs and DVDs, that becomes gray, since they can be easily copied. But without the first sale doctrine, libraries couldn't exist. But there is no license agreement for music or movies; such agreements only exist for software (at least as far as we're discussing IP).

Copyright is an extremely complex area. For me, the best thing to ask is this: if I had created the content, would I be comfortable with someone doing <enter your type of workaround here>? In some cases, bands give their music away as a promotional perk, but that's their choice; it doesn't mean they think all their music should be free.

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Post #37 Posted: Tue Aug 17, 2010 3:11 am 
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Since we are on a forum with more or less international audience, I suggest that when you start citing laws, you also indicate where the law is applicable. Copyright as well as other laws vary from country to country.

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Post #38 Posted: Tue Aug 17, 2010 3:17 am 
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kirkmc wrote:
Actually, lending people purchased books or other content is not at all a gray area; it's a part of the "first sale doctrine":

"Under the first sale doctrine (section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc. of the item, but it does not permit reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the copyright holder, because the transfer of the physical copy does not include transfer of the copyright rights to the work."

http://www.copyright.com/viewPage.do?pageCode=cr10-n


Of course, this is US law. It may or not apply anywhere else, depending on the laws of other countries. I have a number of purchased CDs that in their license technically forbid me to rip the music off the CD onto my computer (and frankly, if you own 100+ albums, swapping CDs constantly is something I'd rather avoid, so this is something I knowingly do illegally).

kirkmc wrote:
Of course, with CDs and DVDs, that becomes gray, since they can be easily copied. But without the first sale doctrine, libraries couldn't exist. But there is no license agreement for music or movies; such agreements only exist for software (at least as far as we're discussing IP).


Also not true. I have had albums which, on a Windows machine, have autoplayed a "license agreement" and refused to let me play the album on Media player until I had accepted it (which is fine, because I'm happy not using MP anyway ;) ). Whether this license agreement is legally binding I don't know, but they certainly exist for some media.

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Post #39 Posted: Tue Aug 17, 2010 4:01 am 
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tj86430 wrote:
Since we are on a forum with more or less international audience, I suggest that when you start citing laws, you also indicate where the law is applicable. Copyright as well as other laws vary from country to country.


While this is true, there is an international convention that includes most of the basic principles of US copyright law.

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Post #40 Posted: Tue Aug 17, 2010 4:04 am 
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topazg wrote:
kirkmc wrote:
Actually, lending people purchased books or other content is not at all a gray area; it's a part of the "first sale doctrine":

"Under the first sale doctrine (section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc. of the item, but it does not permit reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the copyright holder, because the transfer of the physical copy does not include transfer of the copyright rights to the work."

http://www.copyright.com/viewPage.do?pageCode=cr10-n


Of course, this is US law. It may or not apply anywhere else, depending on the laws of other countries. I have a number of purchased CDs that in their license technically forbid me to rip the music off the CD onto my computer (and frankly, if you own 100+ albums, swapping CDs constantly is something I'd rather avoid, so this is something I knowingly do illegally).

kirkmc wrote:
Of course, with CDs and DVDs, that becomes gray, since they can be easily copied. But without the first sale doctrine, libraries couldn't exist. But there is no license agreement for music or movies; such agreements only exist for software (at least as far as we're discussing IP).


Also not true. I have had albums which, on a Windows machine, have autoplayed a "license agreement" and refused to let me play the album on Media player until I had accepted it (which is fine, because I'm happy not using MP anyway ;) ). Whether this license agreement is legally binding I don't know, but they certainly exist for some media.


The only CDs you have with licenses are the short-lived copy-protected CDs, which were technically not CDs. (They don't meet the Redbook standards for audio CDs.) They may therefore have licenses, because they are technically software. I'd like to see a license with any real audio CD, one with the CD logo on it. I've never heard of that.

This said, it is currently illegal in the UK to rip audio CDs. This has nothing to do with licenses, first sale, or anything other than a different interpretation of fair use in the UK than in other countries. Nevertheless, I don't think anyone has ever been prosecuted for it, and I understand that this law is in the process of being changed.

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