Copyright law and translation: crossing epistemologies
The Translator, (2014)Abstract
The aim of this article is to propose the application of a translational paradigm to copyright law for a critical reading of its philosophical and historical roots. This is done by crossing epistemologies of copyright law and translation theory. Notions of translation theory, as well as realities of the digital age, destabilise the colonial history and theoretical foundations of copyright law. Furthermore, the network model of information societies clashes with the hierarchical models still prevalent in copyright, while also highlighting the power and wealth disparities between the nations of the world. The act of translating implies a rationality aiming to democratise the world and harmonise its fragmented elements, which can contribute to reforming copyright law by providing an ethical (i.e. translational), global and multidisciplinary perspective. Many legal scholars are attempting to reform copyright law from within, based on a minimalist approach. This contribution questions the validity of the copyright model in the present context of globalisation and interactive digital technologies.