Countries have different rules about the expiration of copyright, so you should check your own country rules (which may be in international treaties). Generally, though, I would expect a 100 year old publication to be in the public domain, meaning that you could use it (after the checks I suggest).

Make sure you translate from the original, not somebody else's more recent reprint. A recent reprint can be copyrighted, even though the original is public domain.

Those are really good points, I just checked (original publication is from Germany) and there the expiration of copyright is 70 years after the authors death. Same in Peru. Seems I can use it from 1 January 2019 onwards. Thanks Michael!

It is an interesting dilemma.

- It is best to explain the source of the material as clearly as possible. You can still reference the original author and journal. So it shouldn't be considered plagiarism. Explain the difficulties and the attempt to get permission, as far as was possible for you.

Translating it brings it a wider audience: this is always good!! No author will complain about that.

Regards

You are popularising the paper and widening it's useability. This is the intention of every dedicated researcher who loves the development of science.

Copyright laws in my country is pegged at 70 years too. But as suggested by Dr. Fazleh, you just indicate at the preliminary section of the paper, it's original source, known or unknown. Best regards

In addition to contributions from my RG colleagues, there will be need for serious repackaging of such paper written 100 years ago aside from the need to still give proper referencing

@ Dickson Adom, if it contains valuable information that can contribute yo scientific knowledge, then it is worth sharing.

It may even serve as a clue to the opening of new scientific frontiers.

I had similar dilemma a while back. The author of the publication was dead, so I only asked for the publishers permission. However, in you case since both the author and the publishers are available, I don't think you need to ask for seek any further for copyright permission. Just proceed with the translation.

I concur with my distinguished colleagues above. Generally, material created before January 1, 1923 is in the public domain. 100 years ago is 1918/1919, so that appears to be OK. Further, if the publisher is defunct, it might also be an "orphan work" or work whose authorship (in terms of copyright) cannot easily be determined. Since your desire is based on scholarship, you're probably OK to do a translation of it.

Thanks J. Patrick McGrail , Dickson Adom , Joseph Adjebeng-Danquah , Abdullah Noori !

According to the Bern Convention (Article 7 (1)), exclusive copyright (ie, commercial) is preserved for the entire lifetime of the author and 50 years after his death. After that, you can reprint and translate the work without the consent of the author or his successors. It would not be superfluous to recall that a non-exclusive right (non-commercial, ie the right to a name) is maintained indefinitely. In Russia, period after authors death is extended to 70 years (it is necessary to check in your country, the United States is a very "difficult" one in the sense of copyright law, and in India, for example, 60 years). But it is much better to consult with a local lawyer than at the RG (there may also be features in different states) ...

According to the Juornal it 8 Article, ..

Following you @Slavoljub Hilcenko, i am understand, interpret, analyze, and compare what is being communicated in terms that are meaningful to us. Thank you answer..