copyright translation publishing
Can I translate a copyrighted book with the intent of publishing it?
<p>I recently read a book that impressed me so much I want to buy a copy as a gift for a friend. Unfortunately, the friend does not speak the language the book was written in, and no translations exist at this time.</p>

<p>Fortunately for him, I am a professional translator. I could translate the book in my own spare time, and given that no translations exist yet I am thinking of either publishing it on my own or sending it to a publishing house.</p>

<p>However, I am unsure about the legal aspects of such an endeavor. Obviously, if I just translate it for my friend there are no legal issues involved. On the other hand, I'm not sure what I risk by:</p>

<ul>
<li>self-publishing it and selling it, say on Amazon, and</li>
<li>contacting a book publisher and telling them that I have a full translation of the book in my possession (without any agreed translation contract between me and the original author)?</li>
</ul>

<p>Am I at risk by translating a copyrighted book?</p>

<p>Copyright includes authorization of derivative works such as translations, so you must have permission of the copyright holder to create a translation. You could be sued for creating the unauthorized translation for your friend. If you attempt to further distribute the book, the chances of getting sued increase substantially. That path probably includes your legal obligation to foot the bill for the publisher and distributor having to defend themselves in court, since your contract with the publisher or distributor probably includes an indemnification clause saying that you indemnify them (pay their costs) against damages for your infringement. So your are at risk, and it increases if you do anything to distribute the translation.</p>
