Translation Permission for His Royal Highness, Wants a Divorce
This is just an update of my translation request so far.
tldr: I will leave Chapter 1-24 up but will take down the chapters after that
I’ve been doing some reading up on China Copyright law. I couldn’t find any official source for the copyright law but I’ve read a few sites where the contents are the same so this link should be relatively reliable.
So the key articles are
“Article 10 “Copyright” shall include the following personal rights and property rights:
- (1) the right of publication, that is, the right to decide whether to male a work available to the public;
- (6) the right of distribution, that is, the right to provide the public with original copies or reproduced copies of works by means of selling or donating;
- (15) the right of translation, that is, the right to transform the language of a work into another language;
A copyright owner may permit others to exercise the rights provided in Items (5) through (17) of the preceding paragraph, and may receive remuneration as agreed upon in the contract or in accordance with the relevant provisions in this Law.
A copyright owner may wholly or partially transfer the rights provided in Items (5) through (17) of Paragraph 1 of this article, and may receive remuneration as agreed upon in the contract or in accordance with the relevant provisions in this Law.”
“Article 12 Where a work is created by adaptation, translation, annotation or arrangement of a pre-existing work, the copyright in the work thus created shall be enjoyed by the adapter, translator, annotator or arranger, provided that the copyright in the original work is not infringed upon.”
Section 4 Limitations on Rights, the cases stated doesn’t seem to fit my situation so I’ll ignore it.
So based on my interpretation which is subjected to personal bias, this probably means that I also have the right to translate and publish this work as long as I don’t infringe upon the author’s copyrights. Not sure what counts as infringing on the author’s rights though.
JJWXC and Author
Based on China’s copyright law, JJWXC may be considered the co-owner of the copyright of the stories. Crediting the author and possibly JJWXC, as well as including the original title of the story seems to also be required when translating a story from them.
The rights that JJWXC has over the novel depends on the contract signed between the author and JJWXC though. They seem to have different contracts for authors so I wasn’t sure who owned the above 3 rights in article 10.
So I first asked the author for permission to translate but she advised to seek JJWXC for permission instead. JJWXC then replied me for non-commercial use, please contact the author. After which, the author will contact them.
So currently, I’ve contacted the author who is contacting her editor. Hopefully there will be good news (:
Seems like the translation permission is still under discussion, so I’ll just keep posting until I reach Chapter 38, the last non-VIP chapter and decide again what to do next.
Unfortunately, even though the author was a nice person to discuss with, seems like for the VIP chapters, she’s unable to give the authorisation for translating the VIP chapters since it might fall under JJWXC jurisdiction.
I’m a bit confused since Chapter 39 was the start of VIP chapters according to what I saw on the JJWXC novel page but seems like Chapter 25 was actually the start of the VIP chapters. Maybe some VIP chapters became free after it was published for a long time? Anyway, she doesn’t mind letting me leave Chapter 1-24 up but I will be taking down the chapters from chapter 25-29. I will do so on 22nd June 2020 so to anyone who wants to read those chapters, y’all may want to download it or something before 22nd June.
To any future translators who may want to continue the story, well I’m still not sure on who and how to ask permission for VIP chapters but the process seems pretty complex and expensive. Although there’s no consensus on whether one should acquire permission before translating, I don’t really feel comfortable translating VIP chapters without it so I suppose I’ll leave it up to y’all to decide if y’all decide on translating the story~
I’ve decided to set Chapters 25-29 as password protected to make it a private translation instead.