Tolstoy: Two Russians walk into a bar |
However ... Translations of public domain works are entitled to separate copyright protection. But it's a copyright with limits because the translator can never claim rights to Tolstoy's language or it's "meaning." Because the translation copyright is often fairly "thin," publishers of translations are generally concerned about preventing wholesale copying of the books, not the use of short phrases from War and Peace or Anna Karenina in a play. If you are still concerned, consider using Google Translate (and bypass the existing translations) - {:].
As for parody and fair use ... You might have misunderstood the information at the Nolo site (Here are summaries of some parody cases.) For a parody to qualify as fair use, it should be transformative. We don't think you'll be engaged in a fair use argument with a translator, but if you are, your use of the material for a purpose other than Tolstoy intended -- like you are doing -- is often considered transformative.
BTW Dept. ... Tolstoy's eventual distaste for his own literary success led him to dedicate works written after 1880 to the public domain.
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