Legal Question in Intellectual Property in California

At what time to request permission for publishing a translation

I have translated a book of short stories from Spanish into English. According to the Berne Copyright Law, since it is within 7 years of the published date, I must request permission before publishing/copyrighting an English translation. My question is, when in the publishing process do I notify the author/publisher and Ecuadorian consulate? After my final proofreading? After a publisher has accepted it? After the book has been printed, but before registering it with the U.S. Copyright office? Thank you.


Asked on 11/02/99, 12:06 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: At what time to request permission for publishing a translation

There is no single answer to your question. If you produce an infringing work you incur liability for copyright infringement. The earlier you get permission from the owner of the copyright, the earlier you eliminate the liability. I would think you would want to resolve the permission issue before locking yourself into spending money printing anything.

It is really a business question not a legal question. If you need help with the legal aspects, call me 314-621-5070 or email [email protected].

Bruce Burdick

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Answered on 11/03/99, 10:43 am


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