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Q&A

Are translated Basho poems copyrighted?

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I'm wondering if translated works of ancient poems are in the public domain, or if they're copyrighted by the translators.

It would seem like if the author on a given work is listed as "Basho", then that work is in the public domain. Is there a convention for this, or another way to tell other than acquiring the book and checking the copyright notice?

For instance, might this website be violating copyright law by publishing translations by Robert Hass? https://www.poemhunter.com/matsuo-basho/poems/

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This post was sourced from https://writers.stackexchange.com/q/37751. It is licensed under CC BY-SA 3.0.

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This site here says that the copyright for a translation of a work that is in the public domain belongs to the translator.

It makes sense, if you think about it. Consider: if I translate, for example, the Iliad, I'd have to put lots and lots of creative effort into it, and also research etc. That's a lot of work-hours. I'd want to get paid for it, right? But if there's no copyright, then anyone can just republish the thing for free, not even mention my name, perhaps get paid for it instead of me. Not really fair, is it?

That said, some translations are themselves old enough to be in the public domain. Look here for some translations of the Iliad from 1581 onwards, for example. Most of those would be public domain by now.

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