{"id":55,"date":"2012-01-18T06:32:23","date_gmt":"2012-01-18T06:32:23","guid":{"rendered":"http:\/\/www.gentlemantranslator.com\/?p=55"},"modified":"2012-01-18T06:32:23","modified_gmt":"2012-01-18T06:32:23","slug":"in-favor-of-fair-use","status":"publish","type":"post","link":"https:\/\/www.gentlemantranslator.com\/index.php\/2012\/01\/18\/in-favor-of-fair-use\/","title":{"rendered":"In Favor of Fair Use"},"content":{"rendered":"<p>I&#8217;m currently reading <em>Az ibolya<\/em> (&#8220;The Violet&#8221;) by Ferenc Moln\u00e1r, a play that was published in 1921. It&#8217;s a bit paranoid, but I bought a copy of the first edition, which is unquestionably in the public domain here in the United States. Eventually I plan to translate it and post excerpts here on Gentleman Translator, or maybe even the whole play, and I don&#8217;t want there to be any doubt about my right to do so.<\/p>\n<p>Even so, I could easily be mistakenly accused of copyright violation. For one thing, I think Moln\u00e1r&#8217;s work is still under copyright in Hungary and many other countries. Also, &#8220;The Violet&#8221; was translated in the &#8217;20&#8217;s by Louis Rittenberg, and as far as I know Rittenberg&#8217;s translation is still in copyright, even though the original Hungarian text is in the public domain. All it takes is one dumb lawyer, who thinks he represents <em>the<\/em> copyright holder for <em>the<\/em> English-language version and not <em>a<\/em> copyright holder for <em>a<\/em> version, and I could be facing a complaint.<\/p>\n<p>And, of course, if I quote judiciously from Rittenberg&#8217;s translation to compare it to my own, that&#8217;s a legitimate &#8220;fair use&#8221; of his copyrighted material. Quoting small segments of his work doesn&#8217;t impair the value of his property in any way, and I think there&#8217;s obvious value both as an educational exercise and as an act of literary criticism. If his estate challenged my use of the material in court, I&#8217;m confident they&#8217;d lose.<\/p>\n<p>If I cross the line and infringe someone&#8217;s copyright, they should have legal remedies available to them. But these legal remedies should only be available if I actually cross the line. An allegation alone shouldn&#8217;t be enough to take action against me, not until it&#8217;s been proven in court and I&#8217;ve had the chance to defend myself. Under SOPA and PIPA, I wouldn&#8217;t necessarily have that opportunity before this site goes down; I don&#8217;t think it&#8217;s likely that the law would end up being applied that way to this particular site, but the principle the proponents of this legislation are trying to establish deeply disturbs me.<\/p>\n<p>I sincerely hope good sense prevails.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I&#8217;m currently reading Az ibolya (&#8220;The Violet&#8221;) by Ferenc Moln\u00e1r, a play that was published in 1921. It&#8217;s a bit paranoid, but I bought a copy of the first edition, which is unquestionably in the public domain here in the &hellip; <a href=\"https:\/\/www.gentlemantranslator.com\/index.php\/2012\/01\/18\/in-favor-of-fair-use\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/posts\/55"}],"collection":[{"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/comments?post=55"}],"version-history":[{"count":1,"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/posts\/55\/revisions"}],"predecessor-version":[{"id":56,"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/posts\/55\/revisions\/56"}],"wp:attachment":[{"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/media?parent=55"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/categories?post=55"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.gentlemantranslator.com\/index.php\/wp-json\/wp\/v2\/tags?post=55"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}