> Subtitles are a derivative work of that which they are created from and should be covered by that copyright.
Even if the subtitles are a translation?
There are usually many possible translations, and the words in translated subtitles were most likely never written anywhere by the dialog copyright holders. [and based on what I've seen, subtitles are often a rather .... loose ... translation to boot...]
Still a derivative work. In the same way that you can take a copyrighted novel and rephrase all the scenes in your own words - and the result is still a derivative, and still can't be distributed without the permission of the copyright holder on the original.
Well I personally think that translating and distributing spoken dialogue from a film is quite different from translating a distributing a book. It's like song lyrics in my opinion.
I realize that it is likely just as illegal according to today's copyright laws, but that something like this would warrant a police raid is just beyond me.
I don't know about translations, but in many derivate works, what happens is that the work is covered both by the original copyright and a new copyright hold by the creator of the new work.
The creator is still prohibited from distributing the work without securing a license from the copyright holder of the original work.
Even if the subtitles are a translation?
There are usually many possible translations, and the words in translated subtitles were most likely never written anywhere by the dialog copyright holders. [and based on what I've seen, subtitles are often a rather .... loose ... translation to boot...]