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Can i translate books from other language and publish under my name


21-Sep-2023 (In Trademark & Copyright Law)
i am an author.many books are written in chinese by chinese authors.if i copy their book , issue it under my name and when he knows what legal actions can he take?is it a punishable offense and what can be maximum jail term?
Answers (1)

Answer #1
572 votes
Sir

Under the Copyright Law, Owner / Author of a literary work has exclusive right to translate and publish his work, and if any other person translates and publishes the work of the original Owner / Author, then it would constitute a Case of Copyright Infringement. Copyright Infringement is a Civil Actionable Claim, and it is also an offence u/c XIII of the Indian Copyright Act, for which punishment is 3 Year Imprisonment and fine up to 50K.

Now with regards to Author being of Chinese Nation, then please note, Indian Law, afford equal protection to foreign author, who belong to the country which is notified by the Central Government u/s 40 of the Indian Copyright Act.

As per THE INTERNATIONAL COPYRIGHT ORDER, 1999, CHINA is a notified country u/s 40 of the Act, and hence the work of a Chinese Author is equally protected under the Indian Law, as if such work was first published in India.

Please feel free to ask should you have any questions

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