Question: Translated lyric to second-language song

[Geir]

Hi
Can anyone help?

We are two writers who have copyright to a song with English lyrics.
Someone is interested in making a German-language version of the song.
Does anyone know how the song-writing split is for this kind of situation?

Another question: What about the publishing? Would there be a separate publishing deal for the German-language version and the original English version?
I would be grateful for any and all information on these issues.

I hope someone can help and advise.

Thanks.

Geir

[hummingbird]

Hmm, I am not sure that a translation of a song can be deemed 'songwriting'. The person who wants to do the translation should be obtaining a mechanical licence from you for use of the song imo. They don't own it. They are just going to perform it in a different language. They would own the sound recording of the song, not the song itself.

However I am not a lawyer. JMHO.

[Geir]

Thank you Hummingbird for your thoughts about this.

I'm really at a loss about this issue and need all the input I can get, so I have also sent the questions to the General Hangout board, hoping for as much info as possible.

Geir

[MarkDoyle]

I believe they would copyright the lyrics in the translated version and it would be copyrighted as a derivative work."Derivative" of the original work. This work would be written by the original composer with additional lyrics by the translator,especially if they were to change the original meaning of the song. An example of this would be "It's Impossible" translated into spanish as "Somos Novios."

[Geir]

Thanks folks!

Any intelligence about this problem is deeply appreciated (and it could happen to you).

Geir

[shorttonpro]

Did a deal like this once through a sub-publisher. They had it structured where the translator of the foreign lyric received 10% of the foreign song only applying to any mechanicals and performance. It ended up being more along the lines of new lyrics with the same melody and music rather than a translation, but still a derivative.

When you register the songs with the PRO there is a place for any foreign translations. If it is already registered, you should email your PRO to let them know about a new version as well as a territory to collect from under either title. Unfortunately I realized I should let them know the hard way.

As for publishing, if possible it could be helpful to run through a local sub-publisher in the country, who can collect and distribute to and from the parties more easily. They usually last for just a few years and are limited to certain territories.

If you're looking to have the song translated yourself to pitch to the foreign artist, you can arrange it to be a work-for-hire where any rights are assigned back to you for a fee, which certainly saves you some headache.

[Geir]

Thank you Scott and Mark for your info. Greatly appreciated.

Geir