Who owns translations
She is highly professional and consistent and is always the first person we turn to for legal translations into French. We have always found her to be particularly diligent, personable, and very conscientious to work with. We look forward to working with her on future projects and to continued collaborations! Translators too often sign away their work without realising its financial worth.
Thousands of pages of original work are produced by professional translators every day. But what happens to them? Are you happy to simply part, without looking back, from every single bit of text you create in your own right, although you are actually working from an original? Do you ever wonder what becomes of the work you are proud of and do you ever regret that this work remains anonymous?
Would you really mind if someone chose to make changes to your creation without informing you? Finally, what if the same piece of translation was to bring you much more financial reward than you originally were expecting?
These are just a few compelling ideas and thought-provoking questions which were raised by James Ware, IP lawyer and partner at Davenport Lyons, in the course of his presentation on translation copyright — The ownership of translations, a perspective from the UK — at the ITI Annual Conference on Saturday, 13 September Having attended the 8th Paris Bourse financial translation conference organised by Chris Durban last June, where James Ware explored similar fascinating concepts, I was pleased he was among the guest speakers at the ITI Conference, as I believe that the question of translation copyright is an imperative issue which we, as translators and authors, cannot afford to ignore.
The following is a summary of James Ware's presentations. This article is intended to deal with general principles only, and to provide a general guide to the area. The principles will not always apply and expert advice will often be needed for individual cases and disputes.
Copyright is an entirely legal concept. Under the Anglo-Saxon system, it is a property right, protected by statute, which subsists in literary works. In order to be recognised by law, it has to have a material expression and involves action. As an Anglo-Saxon concept it was originally developed by English judges and was then taken up in North America by the American courts.
It generally equates with the Continental European concept of copyright but some of the subtler forms of enforcement and the documentation that is required are different.
The term 'copyright' is selfexplanatory. It is the right to copy. This means that if you own the copyright in a literary creation you can prevent other people copying your work, issuing copies to the public, lending, renting out your work, and performing it in public but not in private. You can also stop them from broadcasting it, making an adaptation or a translation of it. This last point is important because a translator can only translate or adapt a work to the extent that an adaptation is involved with the consent of the original copyright owner.
However, if this consent is granted and the translation is then produced, the work of the translator — who essentially is an author, too — is itself protected by copyright. The French, through the concept of 'droits d'auteur', introduced the idea of 'moral rights' from the earliest time that they started to protect the rights of authors when Jean-Jacques Rousseau wrote his natural Rights of Man.
An author has a personal interest in his creation and has the right to be identified as such. In this context, this right is distinct from the ownership of copyright. This idea was completely alien to the Anglo-Saxons who had no concept of moral rights. Selling your copyright to a publisher meant that he could do what he liked with your work, tell anyone to do what he or she wanted to do with it and there was nothing you could do about it.
However, in France it was important to look after the interests of authors who were respected and had inalienable rights to protect their works and their honour from abuse. You are entitled to be identified as the author of your work and thus as the author of your translation, unless you sign a waiver to someone in an Anglo-Saxon jurisdiction.
It is unlikely that you can alienate this right in France. You are also entitled to prevent other people being credited with your own work, so there is a negative right. If someone tries to put his or her name to your translation, you can try to prevent him or her from doing so.
This means there is a positive right to be identified and a positive right to stop other people claiming that they translated your creation, leaving the impression that your translation was done by the original author rather than by a professionally qualified translator like you.
Moral rights are not to be ignored and continue to exist regardless of whether or not you own the copyright. If you make a translation into English of a French work in France, your translation will be protected in France under French law. If you do the same in England, it will be protected under English law; in America under American law.
Therefore there is no unified legal system governing the protection of your works around the world. The Berne Convention for the Protection of Literary and Artistic Works was finalised in as the first instrument of international copyright law. Our Own Social Initiatives. We handle everything needed so you can have the best quality for your translation projects without any headaches. Learn More. Interpretation over the phone for Spanish, Chinese, Portuguese, Russian, and other languages.
We have been buying translations for legal cases in Brazil. Fair pricing, quick turnaround, and great customer service Overall great experience! The receptionists were extremely helpful in answering any questions I had seeing as how I've never needed this service before. Would definitely recommend to anyone who needs translation!
I've had the Translation Company Group handling my translations. I love that I can do this electronically. We could not have asked for more in a translation service: accurate, on time-delivery, ability to work with our difficult schedule, friendly and customer driven. No translator has so far been found liable for the single act of running a machine translation engine on a work that was publicly available on the internet. Should a copyright owner find out that a translator has copied and translated their work and consider this problematic, they could demand that the language data is deleted.
Let's investigate copyright scenarios in a typical translation supply chain, who owns language data and define data ownership in translation.
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