Can Books Public Domain Be Legally Translated And Sold?

Question

A public domain novel's foreign rights intrigue me, but publishing a translated edition legally seems complex for an indie author.

Rodolfo Serrano · Answer

For books like these that are in the public domain you can translate them and sell your translation. The original work is no longer under copyright, so what you've done is created a completely new work that you now hold the copyright to. It's a wonderful way to introduce people to old books and I see parallels with some of the modern online serials being published too - "Forbidden Love Stories" for example uses the historical public domain framework of the original work as a springboard for its own completely original and very long story about secret societies and the complicated relationships between the aristocratic families involved. It makes the original setting seem completely fresh.

Miles · Answer

Yes, you can translate a public domain work and sell it. Examples of public domain classics are ‘Moby Dick’ and ‘Jane Eyre’. However, you must have translated the work yourself and the translation must be your own work. Thus, you cannot use a modern translation of a public domain work without permission from the copyright holder. The laws of copyright vary from country to country, so you must verify the status of copyright in that country before you publish. It is a relatively safe way to add to literature.

Xanthe · Answer

From the reader’s point of view, it is great pleasure to see public domain books re-translated. As for the legal side of things, yes, you can translate and sell a public domain work. Works like Dracula and The Picture of Dorian Gray are now free for people to re-interpret as they see fit. However, beware of countries with ‘moral rights’ laws which protect the legacy of an author and which could therefore prevent a translation that fundamentally changes the author’s work from being published. Note that subsequent translations and adaptations of a work may themselves be copyrighted. It’s all good for culture and commerce.

Kai · Answer

I translate old texts for fun and the public domain is a fantastic area for writers. Yes, you can translate and sell public domain books. Many classic children’s books are in the public domain, for example, ‘Alice’s Adventures in Wonderland’ and ‘Frankenstein’. However, it is possible that a translation has already been completed and this may be protected by copyright. If you are going to publish a translation of a public domain book, you should check the status of the translation that you are going to use. Some modern editions are annotated or even heavily edited and such work may still be under copyright. Therefore, the safest thing to do is translate the text as it was originally written. This means that tons of classic stories can be made available to a whole new generation of readers. It’s easy to do and to sell.

Isaac · Answer

Public domain books are so interesting. I recently learned that books in the public domain can be freely translated and even sold by anyone, as long as the original work is no longer under copyright. Therefore, classic novels such as ‘Pride and Prejudice’ or the ‘Sherlock Holmes’ stories can be translated and even monetized by anyone. Again, one has to verify the copyright status in the respective country though, as the copyright term can differ from country to country.

If a translation is entirely original then the translator may hold a separate copyright for the work, thus reproducing the translation would be an infringement of the translator’s copyright. The original public domain work however can be adapted and reused as you see fit and can be even more enjoyable than the original work. Just be sure to research the appropriate regional copyright laws first.

Yoel Brenes · Answer

This is another of those legal issues that have ethical undertones. Is it alright for a translation from a colonized culture to be translated by someone from a former colonial power and then to earn money from the work? No, it is a very difficult and thorny issue, but it is better for such work to be translated by scholars from within the culture or, preferably, in collaboration with scholars from within the culture. The potential for problems with such work and the problems that would be created by the translation is too great to ignore.

TheShadyButterfly · Answer

Yes, from a copyright perspective. There may, however, be parts of the original work that are themselves copyrighted in a different manner and therefore need to be cleared separately by the copyright holder(s) of those works. This is most a concern for straight prose fiction from the 20th century and earlier, but could potentially be an issue for some modern public domain works (especially those published in the early part of the 20th century) which for various reasons have become newly copyrighted since entering the public domain.

Emmanuela Onyelusi · Answer

As long as the work is sold (not given away for free, even if translated by a fan translation group), then providing the work for free is equally legal. Translation for free can be a good way to gain experience as a volunteer translator and build up a portfolio of your work. Many volunteer translators start with public domain works (e.g. old novels or comics) in order to gain experience before progressing on to works that are licensed and therefore in-copyright, but for which permissions to translate and distribute may be granted. Translation for free can be a low-risk means to hone your skills as a translator.

Salvador Marroquin · Answer

The fact that there are so many fan-made scanlations and translations of classic manga and anime out there is due in part to the fact that the original work is in the public domain in Japan. Thus, old ‘Astro Boy’ comics, for example, as well as the works of Tezuka from the earliest days of the manga, can be freely translated and distributed. Yes, there are many complexities surrounding the drawings themselves, but the stories themselves can be freely distributed. Then, of course, there is the matter of whether one can sell these translations, but that is another story entirely. Essentially, though, the fact that classic work returns to the cultural commons after a certain time is one of the most beautiful features of copyright law.

Christyand Bj Sharpton · Answer

Yes, you can. You should translate classical works. Just do a good job and keep in mind your obligations. In any case, you have to do your homework on the status of the work you are about to translate. The world needs fresh, enthusiastic, and well-done translations of classical works.

missettkelly · Answer

I see it as a form of cultural recycling. All the old stories, ideas and characters from the past are first dismantled back to their basic elements – the public domain text – and then can be rebuilt in completely new ways: as translations, free adaptations, as inspiration. This recycling process is essential for any living creative ecosystem, because it prevents stagnation of culture. The great ideas of the past are thus kept available for future generations to build with. Every new translation is part of this process of cultural recycling.

Honey Lambiquit · Answer

Just popping in to say thanks for the wonderful thread. I had no idea there were so many variations between different editions of works as well as variations due to international copyright. Such hard work goes into the nice Penguin Classics paperbacks that we can buy for example.

Lume Eprogram · Answer

Wait a minute. So work in the public domain can contain be derogatory to minorities or other groups today. Then as a translator you have to decide whether to translate these parts faithfully or to adapt/modernize them. This is an enormous ethical and artistic problem that goes far beyond the legal. You have the right to translate this work because it is in the public domain, but you have no guidance on how to handle its problematic parts. That will be your problem.

Can Books Public Domain Be Legally Translated And Sold?

13 Answers

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