| Pages in topic: < [1 2] | Job unpaid but translated book is being sold worldwide now! Thread poster: trans_world
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MariusV 
Lithuania
Local time: 13:24
English to Lithuanian
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I read the thread, read it again...And still do not understand - are these publishers really crazy to print and sell the book with the name of the translator of it for whom they have not paid...???
| | | | Alex Eames
Local time: 11:24
English to Polish
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| the publisher probably doesn't even know Marius | May 20, 2008 |
MariusV wrote:
I read the thread, read it again...And still do not understand - are these publishers really crazy to print and sell the book with the name of the translator of it for whom they have not paid...???
The job was done for an agency if I recall correctly. The publisher has probably paid the agency.
Alex Eames
http://www.translatortips.com/
helping translators do better business
[Edited at 2008-05-20 09:35]
| | | | | A very brief update.. | May 20, 2008 |
Hi all!
I spoke to the publishing company and left a message with a person in the office.
The one in charge in the publishing company then sent me an e-mail with the apologies for not being paid by the bad payer company and the fact the publisher will interfere once it gets more information plus it DOES NOT pay anyone that contrbutes towards its publication directly but only through agencies that hire freelancers.This e-mail to me was also copied to the bad non-payer co... See more Hi all!
I spoke to the publishing company and left a message with a person in the office.
The one in charge in the publishing company then sent me an e-mail with the apologies for not being paid by the bad payer company and the fact the publisher will interfere once it gets more information plus it DOES NOT pay anyone that contrbutes towards its publication directly but only through agencies that hire freelancers.This e-mail to me was also copied to the bad non-payer company.
I have not yet contacted the bad non-payer company.Also there seems to be no point - unless I am mistaken to issue a 'CEASE AND DESIST' letter if the damage has already been done as the book has been available for sale for at least 10/11 months if not maybe slightly longer.
Personally,I think I will sue the non-payer company for my fees,late payment fee,damages with interest - up to the sum 5000 pounds as a Small Claim.The damages element would be decided by a Judge.
I am also tempted to sue the publisher as well again for breach of copyright/damages/royalties or whatever.Also the claim could be up to 5000 pounds too.
I want to wait and see what the reaction is going to be now the ball is in the other side's court.
ON A SEPERATE NOTE...
Does anyone know of a precedent case/cases of similar background to mine?
Also,any other comments/views would be highly appreciated.
Many thanks in advance.
[Edited at 2008-05-20 21:10] ▲ Collapse
| | | | MariusV
Lithuania
Local time: 13:24
English to Lithuanian
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| don't quite get your point.. | May 22, 2008 |
Alex & Malgorzata Eames wrote: MariusV wrote:
I read the thread, read it again...And still do not understand - are these publishers really crazy to print and sell the book with the name of the translator of it for whom they have not paid...???
The job was done for an agency if I recall correctly. The publisher has probably paid the agency. Alex Eames http://www.translatortips.com/ helping translators do better business [Edited at 2008-05-20 09:35]
Does it make any difference WHO did not pay the translator? The copyrights HAVE BEEN breached.
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Alex Eames
Local time: 11:24
English to Polish
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| OK, I'll try again :) | May 22, 2008 |
MariusV wrote:
Does it make any difference WHO did not pay the translator? The copyrights HAVE BEEN breached.
I agree, but you have missed my point (maybe I was not clear enough?) The publisher probably paid the agency and had no idea the agency had not discharged their responsibility to the translator. What I am saying is that it is quite possible that the publisher acted in good faith and the agency is the bad boy here.
MariusV wrote earlier:
are these publishers really crazy to print and sell the book with the name of the translator of it for whom they have not paid...???
I think they have paid and acted in good faith. So they are not crazy, just naive not to get copyright assignment in writing with the real translator's signature on it.
Alex Eames
http://www.translatortips.com/
helping translators do better business
| | | | | Very Brief UPDATE NO.2 | May 22, 2008 |
Hi all!
This is another very brief update..
Let's call it 'UPDATE 2'!
I have now sent both the publishing company and the bad non-payer company an e-mail stating that unless I get paid in full plus interest - 14 days from the date of the e-mail,I will be taking both companies to court for copyright breaches.
I have also since found out from a lawyer that:
1.the copyright of that book belongs to me until I am paid in ... See more Hi all!
This is another very brief update..
Let's call it 'UPDATE 2'!
I have now sent both the publishing company and the bad non-payer company an e-mail stating that unless I get paid in full plus interest - 14 days from the date of the e-mail,I will be taking both companies to court for copyright breaches.
I have also since found out from a lawyer that:
1.the copyright of that book belongs to me until I am paid in full.Once the payment is received,the copyright is assigned to the publishing company and no royalties would be owed.
2.under the current circumstances I would not get any royalties from the publishing company.However, should I not get paid now both parties have been warned and once the 14 days lapse it would probably be a totally different scenario altogether.
Anyway,the clock is ticking!
I will keep you all posted and many thanks for your ongoing support and advice/suggestions.
[Edited at 2008-05-22 22:02] ▲ Collapse
| | | | EHI (X)
Local time: 12:24
| letter vs. email | May 23, 2008 |
Good to hear you are taking action.
I have now sent both the publishing company and the bad non-payer company an e-mail stating that unless I get paid in full plus interest - 14 days from the date of the e-mail, I will be taking both companies to court for copyright breaches.
I'm not sure whether this would have any legal impact on your case, but I think I would have sent two registered letters instead of emails. My experience is that important emails are often mysteriously lost. Since you are setting a deadline before taking legal actions, I think some kind of proof that they actually received your warnings might be helpful should your case go to court.
Please keep us updated.
| | | | | Just to Add.. | May 24, 2008 |
Hi All!
Lutz,many thanks for your post.
I would just like to add by saying:
1.In this particular case and prior to sending the pre action e-mail to the publishing company,I was promised to be contacted by the person in charge after discussing the payment issue with the bad non-paying company.
So I feel here,I have to give the publishing company '"the benefit of the doubt".
2.It is an interesting point you say about send a letter by... See more Hi All!
Lutz,many thanks for your post.
I would just like to add by saying:
1.In this particular case and prior to sending the pre action e-mail to the publishing company,I was promised to be contacted by the person in charge after discussing the payment issue with the bad non-paying company.
So I feel here,I have to give the publishing company '"the benefit of the doubt".
2.It is an interesting point you say about send a letter by registered post - In the event of not obtaining any response after say one week and allowing for the holiday here,I was planning to send each party a follow up letter with the same contents to both parties.This would be sent by Recorded Delivery.I will keep the proof of sending the letter that I get from the Post Office as evidence.From my personal experience,Recorded Delivery is as good as Registered Post and much cheaper.Any court of law would accept the fact that if Defendant was sent papers by Recorded Delivery/Registered Post those papers would have deemed to be received.
3.The main thing is to show that I tried to resolve the issue without resorting to court action,so even if I give both parties up to 1 month to sort out the payment and the matter reaches court.The Judge would be much more understanding than if I had gone and was keen to resolve the matter by taking the matter to court in a swift manner.
4.Court action should ALWAYS be the last resort as parties are encouraged to resolve their disputes
Lutz,once again many thanks.
Also,many thanks to all of you for for your suggestions/support.
I will keep you all posted. ▲ Collapse
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| Good News Folks! The bad non paying company has paid me at last! | Jun 9, 2008 |
Hi All!
This is a brief message to inform you all that
1.I have been paid the amount owed to me plus late payment interest - which can be claimed for any outstanding invoice of over 1 month under
The rate of interest is UK base rate(currently 5%) + 8% or 13%.
2.Also,since my last posting here,I found out that the book has been selling for sure for over 1 year now.
So what does anyone here think about my rights to claim for roya... See more Hi All!
This is a brief message to inform you all that
1.I have been paid the amount owed to me plus late payment interest - which can be claimed for any outstanding invoice of over 1 month under
The rate of interest is UK base rate(currently 5%) + 8% or 13%.
2.Also,since my last posting here,I found out that the book has been selling for sure for over 1 year now.
So what does anyone here think about my rights to claim for royalties not from the bad non-paying company that has now paid but the publisher itself from the date the book was published and sales commenced until recently - when I was for the work.
Your ideas/suggestions are highly appreciated.
Once again,many thanks for your ongoing help and support.
[Edited at 2008-06-09 09:49] ▲ Collapse
| | | | Alex Eames
Local time: 11:24
English to Polish
+ ...
| Quit while you're ahead :) | Jun 19, 2008 |
So what does anyone here think about my rights to claim for royalties not from the bad non-paying company that has now paid but the publisher itself from the date the book was published and sales commenced until recently - when I was for the work.
Let me get this straight. You got paid, you got interest for late payment? Great. Case closed.
Now your client has fulfilled their obligations in full, you have relinquished ownership of the text unless royalties were mentioned in your original contract.
Alex Eames
http://www.translatortips.com
helping translators do better business
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