Bramblethorn
Sleep-deprived
- Joined
- Feb 16, 2012
- Posts
- 17,771
I understand there probably aren't too many users publishing translations of their stories, which might explain why it hasn't been dealt with before. It really does need to be addressed, because the notion that machine translations of original human-written stories should count as "AI-generated" is absurd. It would be like saying that a human translator of a story should be credited as the "original" author of the story instead of for translating someone else's work, entitling them to the copyright and the royalties.
Translators do get copyright in their translations. If I were to publish a copy of Seamus Heaney's or Maria Dahvana Headley's new translations of "Beowulf" without authorisation, I could expect to hear from their lawyers.
Where the original is still under copyright, a translation is considered a derivative work, which essentially means that the original author and the translator both have rights to it and any publication/copying needs to be authorised by both of them.
Very often the translator is working in a "work for hire" arrangement, in which their contract will state that they sign over their rights to the translation in exchange for their payment. But unless that happens, the original author cannot legally publish that particular translation.
Given that the translator is effectively considered a second author for legal purposes, it makes sense that a site that forbids AI-written stories would also forbid AI-translated stories.
https://blogs.loc.gov/copyright/2022/10/copyright-in-translation-gregory-rabassa/