Rates and ownership rights with TM
Thread poster: nelly enriquez

nelly enriquez
Local time: 19:48
English to Spanish
Jul 4, 2005

Do you have any tips or best practices for a new translator using TM on how to go about translation rates and ownership of the TM to avoid issues with the client?

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Astrid Elke Witte  Identity Verified
Germany
Local time: 20:48
Member (2002)
German to English
+ ...
Interesting point Jul 4, 2005

You bring up an interesting point, Nelly. I have been involved in intellectual property issues for quite a number of years. However, this aspect of ownership of TMs seems to be a relatively new issue in the field. Sometimes agencies ask for the uncleaned copy of a translation, to feed into their TM, however they can feed it in anyway, without having the uncleaned copy. In the end, the agency is entitled to make up its TMs from translations received from translators, including you, and you are also entitled to create TMs on your computer with the same translations. In the end, that is quite fair. However, what you should naturally not do is provide an agency with a TM of your own, created by you over many years of hard work. That is your intellectual property alone.

Regarding rates, I presume you are talking about matches. Sometimes agencies want you to use software, such as Transit Satellite PE, and they then do not pay you for exact matches. Theoretically, you do not lose then, either, because the programme automatically inserts the translation, and you then go on with the next TU. (Personally, I do lose, because the Transit software is so bad for the eyes that I have to do the translation in another programme first.)

To cut a long story short, if you are always working for agencies, they will be trying to reap the benefits from repeated terms or phrases. If you wish to reap the benefits from repetition yourself, then you need to find end customers, and they are not interested in how the translation is done.

Astrid


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Jeff Allen  Identity Verified
France
Local time: 20:48
Member (2011)
Multiplelanguages
+ ...
references to forum threads on TM ownership Jul 4, 2005

This issue of TM ownership has come up a few times in various forums at this site. Below are links to other threads where I have provided answers from my experience, including having previously been with the European Language Resources Distribution Agency:

Language Resources and TM databases
http://www.proz.com/post/230774#230774

Resources on TM database ownership
http://www.proz.com/post/229653#229653

TMs and derivative by-products
http://www.proz.com/post/196373#196373

TM database ownership
http://www.proz.com/post/196373#196373

Jeff
http://www.geocities.com/jeffallenpubs/


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nelly enriquez
Local time: 19:48
English to Spanish
TOPIC STARTER
Would you advise defining a TM rate structure with the agency? Jul 5, 2005


Regarding rates, I presume you are talking about matches. Sometimes agencies want you to use software, such as Transit Satellite PE, and they then do not pay you for exact matches.


Dear Astrid, many thanks for your input. Your views are very helpful. Yes, I am talking about matches. I've seen that some translators define some discount structure on fuzzy matches. Would you advise that? Do you handle something like that with the agencies/ clients?

Kind regards,
Nelly.


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nelly enriquez
Local time: 19:48
English to Spanish
TOPIC STARTER
Great stuff, thank you! Jul 5, 2005

Jeff Allen wrote:

This issue of TM ownership has come up a few times in various forums at this site. Below are links to other threads where I have provided answers from my experience


Dear Jeff
Thanks so much for your very comprehensive answer and for providig the links to previous threads. This is great stuff. I'm sure it will prove quite useful! I'll check the information carefully, and perhaps...could I contact you with a few specific questions if I feel I got stuck with something? ..Nelly.


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Jeff Allen  Identity Verified
France
Local time: 20:48
Member (2011)
Multiplelanguages
+ ...
responding to TM ownership questions Jul 6, 2005

Sure, no problem. My contact info on my website or though my profile page.
Risk of delay in responding quickly at the moment since my second child was just born, but I normally respond to all emails.

Jeff
http://www.geocities.com/jeffallenpubs/


[Edited at 2005-07-08 08:57]


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Evert DELOOF-SYS  Identity Verified
Belgium
Local time: 20:48
Member
English to Dutch
+ ...
Congratulations, Jeff! Jul 6, 2005

Jeff Allen wrote:

Risk of delay in responding quickly at the moment since my second child just born, but I normally respond to all emails.

Jeff
http://www.geocities.com/jeffallenpubs/


One of the few reasons why delays are totally acceptable, I would say.
Sincerest congratulations and, by the way, thanks for your many excellent contributions to this site!

Evert Deloof-Sys


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nelly enriquez
Local time: 19:48
English to Spanish
TOPIC STARTER
Wonderful news! Congratulations Jeff! Jul 6, 2005

Jeff Allen wrote: Sure, no problem. Risk of delay in responding quickly at the moment since my second child just born, but I normally respond to all emails.


Many, many congratulations Jeff. We are also expecting our second child, so we know the feeling! ... Enjoy your little one and take your time. ..Nelly.


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nelly enriquez
Local time: 19:48
English to Spanish
TOPIC STARTER
European Community's Directive on the protection of TM Jul 7, 2005

Hi Jeff,
Hope all is well with your family and new baby.

Would you happen to know if the E.C.D. has set out specific rights for the maker of a TM? I tried to look at a web page mentioned in one of your articles but access is forbidden http://web.idirect.com/~dcameron/eurodata.htm
Is there another publication I could check?

Thanks
Nelly


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Jeff Allen  Identity Verified
France
Local time: 20:48
Member (2011)
Multiplelanguages
+ ...
ECD and TM ownership Jul 7, 2005

nelly enriquez wrote:
Would you happen to know if the E.C.D. has set out specific rights for the maker of a TM? I tried to look at a web page mentioned in one of your articles but access is forbidden http://web.idirect.com/~dcameron/eurodata.htm
Is there another publication I could check?


My articles on that topic date back to information available during the 1998-2000 timeframe. I've not heard that the ECD has done anything further on this.

Jeff
http://www.geocities.com/jeffallenpubs/surveys.htm


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