words translated from English into Arabic and then transliterated from Arabic into Roman letters “simply does not embody sufficient originality to be copyrightable”).
Examples:
- A Portuguese translation of a Spanish language newspaper could be registered as a derivative work.
- A Tagalog translation of The King James Bible could be registered as a derivative work, even though The King James Bible is in the public domain.
When submitting an application to register this type of work, the claim should be limited to the text of the translation, the applicant should provide the name of the author who translated the preexisting work from one language into another, and the applicant should provide the name of the claimant who owns the copyright in the translated text. Applicants should use the term “translation” to describe this type of authorship, rather than “text” or “editing.” When completing an online application, this information should be provided in the Author Created/Other field and the New Material Included/Other field. When completing a paper application, this information should be provided in spaces 2 and 6(b) of Form TX. For guidance on completing these portions of the application, see Chapter 600, Sections 618.4 and 621.8.
709.2 Fictionalizations
A fictionalization is a work of fiction that recasts, transforms, or adapts the facts or factual events that are described in one or more preexisting works. A work of fiction that is only loosely based on the facts or events described in a preexisting work typically would be considered a work of fiction, rather than a fictionalization.
Examples:
- A children’s book about the life and times of Kit Carson would be considered a fictionalization.
- A short story based on Stokely Carmichael’s experiences during the Freedom Rides would be considered a fictionalization.
- A romance novel set during the Civil War featuring original characters, situations, and dialog with occasional references to historical persons or events would be considered a work of fiction rather than a fictionalization.
When submitting an application to register this type of work, the claim should be limited to the text of the fictionalization, the applicant should provide the name of the author of that text, and the applicant should provide the name of the claimant who owns the copyright in that text. Applicants should use the term “text” or “fictionalization” to describe this type of authorship, rather than “editing.” When completing an online application, this information should be provided in the Author Created/Other field.
