[pp.int.general] copyright vs. "droit d'auteur"

[Carlos Ayala Vargas]

Per von Zweigbergk wrote:
> I think you have this backwards, I for one don't want to give 
> unofficial translators any special protection at all. The natural 
> state is that all information can be copied and modified without 
> limit. Anything else is an artificial restriction set in law.
You actually agreed on avoiding misattribution; actually, making an 
awful translation which makes it have not quite resemblance with the 
original and stating "/this is the original work, just translated/" 
wouldn't be misattributing the translation to the author?
> By default, I think that people should be permitted to create 
> noncommercial derivative works of a commercial work. And a translation 
> is definitely what I'd call a derivative work.
It depends on whether the translator states that the translated work is 
actually the original work (just in a different language) or not. If 
presented as the original work, it means (according to integrity right) 
that the original work shouldn't be mutilated nor distorted during the 
process.

If what the translator wants to make is a translation, it would depend 
of the aim of the redefinition of commercial rights scope -specifically, 
concerning derivative works-, and to leave clear that it's just a 
derivative work. I believe that presenting the bad translation as the 
original work would be deceiving everyone.
> What I fail to see, however, is why people with excessive amounts of 
> artistic pride need to be protected, when the end result is stifling 
> creativity for everyone else. As long as their names aren't abused to 
> let on that they endorse the derivative work, I simply fail to see the 
> problem. Authors do not have any natural right not be offended.
>
> And who says that a "bad translation" can't be an artistic work in its 
> own right?
As long as it's not presented as a translation of the original work but 
as a derivative work, and when it is allowed -for first day if 
non-commercial, or after the expiracy of commercial term, depending on 
how the legal framework is changed-. I guess you fail to see the problem 
because you think of translations only as derivative works, however 
-e.g., the Casablanca example I gave before- some translations are shown 
as faithful versions of original works, and there i the problem.

It's not artistic pride, it's simply the author stating "/I didn't do 
that/"; I believe the author of the derivative artistic work should 
clarify that it's not the original work. Regards,


                                                                                               
Carlos Ayala
                                                                                               
( Aiarakoa )

                                                                          
Partido Pirata National Board's Chairman