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Should I sign a contract with this clause?
Thread poster: MaraS
MaraS
United States
Local time: 06:54
English to Spanish
+ ...
Nov 29, 2004

I have been asked by my client to sign a "work for hire" contract. Everything in the contract looks OK but this clause below is getting me a little uneasy. Have any of you signed anything like this before? Do you have any suggestions for possible changes? Would you sign this?
Thanks! Tamara

"8. If my Work contains any scandalous, libelous, or unlawful
matter that was not part of the original source english or my
translation, the Work, causes any infringement or violation of
any person's, firm's or entity's right, I will indemnify and
hold harmless XXXXX and/or its
licensees against all claims, suits, costs, damages, and
expenses that it and/or any of its licensees may substain by
reason of such scandalous, libelous, unlawful matter,
infringement or violation caused by my Work.
If my translation, the Work, is allege to cause any
infringement
or violation of any person's, firm's or entity's right, I will
defend in any legal procedure XXXX
and/or its licensees against all claims, suits, costs, damages,
and expenses."


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Andy Lemminger  Identity Verified
Canada
Local time: 04:54
Member (2002)
English to German
Strange Nov 29, 2004

I agree with Tayfun and would not sign it because it doesn't make sense. Why should you indemnify someone for content that wasn't part of your translation? If the client adds unlawful content and somebody sues they want to get back to you?
Rather not.


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avsie  Identity Verified
Local time: 12:54
English to French
+ ...
Strange, but... Nov 29, 2004

What I understand from this clause is that if her work (word that involves more than the translation itself, so perhaps also communication with the agency??) contains "scandalous, libellous, or unlawful
matter that was not part of the original source English or her
translation" that would cause harm to someone/somebody/a company, she will be considered liable for these dammages.

So in other words: stick to the English text, and be nice to them

That's what I understand, but I might be wrong


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Ciprian Dumea  Identity Verified
Local time: 12:54
English to Romanian
+ ...
I agree with Marie-Claude Nov 29, 2004

I think it is a (relatively) harmless clause. Check with the employer first, ask them what they mean by it, then you will know for sure. I for one have never heard of such a clause.

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MaraS
United States
Local time: 06:54
English to Spanish
+ ...
TOPIC STARTER
Thank you all very much for your input. Nov 29, 2004

I really appreaciate your comments.
Thanks.


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Bianca Adriaensen  Identity Verified
Local time: 12:54
English to Dutch
+ ...
Seen them before... Nov 29, 2004

Ciprian Dumea wrote:

I think it is a (relatively) harmless clause. Check with the employer first, ask them what they mean by it, then you will know for sure. I for one have never heard of such a clause.


Hi.
I've seen such blurry phrases before and thought they were hollow and harmless ... until I read a few more items below (and between the lines) and found out they could not only sue ME and take MY money but also that of my husband in a worse case scenario....

My 2 cents: better safe than sorry...


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Agnieszka Hayward
Poland
Local time: 12:54
German to Polish
+ ...
with Tayfun Nov 29, 2004

the clause is written in some really bad English IMHO. Better ask for the original version of the contract and find out what language version is binding.

Greetings from Warsaw, still full of vivid autumn colours
-Agnieszka-


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Charlie Bavington  Identity Verified
Local time: 11:54
French to English
Intention versus what it actually says Nov 30, 2004

It's not very well written, for sure.

I imagine that they are trying to protect themselves against you adding to, or indeed mistranslating, the text in such a way as to libel or otherwise prejudice or injure another third party.

But that isn't what the clause actually says, unfortunately.

Therefore, it is possible that if your source text says "Company ASDFGH is a bunch of swindling thieves" and you render that faithfully, then you could be held liable if Company ASDFGH decide to sue, when it's not your responsibility if that's what the text says.

Whereas what I imagine they are trying to do is protect themselves against your adding "Company ASDFGH is a bunch of swindling thieves" intp the text, or mistranslating some innocuous phrase as "Company ASDFGH is a bunch of swindling thieves"

If they sort it out so that the clause actually says what I imagine they want to say, then I see no problem with it.

(Note: "Company ASDFGH" should not be taken to refer to any actual company!)


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