Don't Get Lost In Translation: Copyright Protection In Translated Works

“Writers make national literature, while translators make universal literature.” -  José Saramago

In Canada, copyright arises automatically on creation of “every original literary, artistic, musical, and dramatic work”, which also includes translations of written and audiovisual works, such as books and movies. A translation is generally a derivation of an original work, and is also a copyright-protected work pursuant to Sections 2 and 13 of the Copyright Act (the “Act”), provided it is an original work meeting the skill and judgment requirements set out in CCH Canadian Ltd v Law Society of Upper Canada (LSUC), 2004 SCC 13. The process of translating from one language to another is often referred to as a subjective, artistic process. Providing that a translation is more than a reproduction of the underlying work in another language, it will be protected by copyright.  While a translation may be the proper subject matter for copyright protection, there are the