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Probably yes.


Literary translation is a very specialized form of translation that is typically done by linguists who could be considered authors in their own right. You might think that an author would be pleased to have their work introduced in new markets. However, if a literary work such as a poem, were translated and published in a new language that would potentially limit the author in benefiting from sales in secondary markets and the decision to release the poem or a collection of poems in other markets should rest completely with the holder of the copyright. Even if the translation is distributed for free the ability to sell in that market would certainly be impaired by a free translation being circulated.

If the author has exercised copyright in the country where the poem might be published (usually via international copyright) you would have to seek permission to publish the translation. You could still publish a translation of an excerpt from the poem under "fair use". Note that if the author has not filed for international copyright you might not need to ask permission, but it would still be wise to seek it if possible, if for no other reason than to be a decent human being.


Considering that this question was asked in the Computer Security Law category we might assume that the person posing the question is interested in publishing the poem on-line.


Considering that this question was asked in the Computer Security Law category we might assume that the person posing the question is interested in publishing the poem on-line. Copyright laws do not distinguish between publishing on-line without permission and publishing on paper without permission.


What if a machine translation tool in the public domain is used to create that translation? In general machine translations are still of such poor quality that they might escape classification as plagiarismor copyright infringement. The original version from which the translation was created would still be covered by copyright however.

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Q: Do you need permission to publish a translation of one Spanish poem?
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