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What if I translate a book ordered by a client without knowing if the author agrees with the trans:
Thread poster: Ignacia Nieto Melgarejo
Ignacia Nieto Melgarejo  Identity Verified
Local time: 18:34
English to Spanish
+ ...
Dec 26, 2004

I am only doing my work but am I am part of an infrigement of the intellectual property law.?
The Berne Convention states, "Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works throughout the term of protection of their rights in the original works."

That means that I need author's permission to translate this page into another language. Also, there is not really a "new" work. It is derivative work?? We have merely translated an existing work into another language. We own the full copyright to the translation only, and even if we have author's permission to translate it, otherwise, we will be the infractors???.
What is happening in the daily translation practice?? with authors authorization??


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Harry Bornemann  Identity Verified
Mexico
English to German
+ ...
You strengthen the position of the author Dec 26, 2004

When the book will be translated, the author will be able to negotiate more money for the publication, because:
a) your client will see more clearly what he will get, and
b) your client will loose his investment if cannot find an agreement with the author - so don't forget to ask for progress payments..


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Hans G. Liepert  Identity Verified
Switzerland
Local time: 01:34
English to German
+ ...
infringement? Dec 27, 2004

Sp-En-Fr-tradu wrote:
That means that I need author's permission to translate this page into another language.


If you read a book in a foreign language, do you ask the authors' permission when you translate it in your mind?

If you ever translated a manual, a love letter or a balance sheet, did you get in contact with the author?

Copyright is the problem of your customer.


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surfish  Identity Verified
China
Local time: 07:34
Member (2004)
English to Chinese
+ ...
Legal document can help Dec 28, 2004

You may reach an agreement with the client before you start translation. That is a preventive measure to avoid any claim suffered by you due to any infringement of copyright and other IP rights.

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Özden Arıkan  Identity Verified
Germany
Local time: 01:34
Member
English to Turkish
Client's business Dec 28, 2004

I tend to agree with Hans on this one. Think of this scenario: I've come across businessmen who pay to have a book translated for their personal use, to be able to read it, that is. No copyright issues, obviously. But in other cases, it is always the responsibility of the client to handle copyright, as far as I know. If this work is for publication, what you should consider, as the translator, is secure a contract with the client that covers your rights for repeat editions, among other things.

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