Copyrights and Intellectual Property
Thread poster: Hellmut Kohlsdorf

Hellmut Kohlsdorf  Identity Verified
Local time: 22:09
German to Spanish
+ ...
Jul 25, 2009

I have a question regarding the above. If during the research and translation work on a project for an agency or colllegue Translator subcontracting me I get the impression it might be in doubt that the end customer has the legal rights to have a document translated, what should be the consequences?

Am I protected by the fact that I am only delivering translation services and that my T&C´s listed in the invoice issued to my contracting entity state that I should be kept free of any harm by claims from third parties? Or do I get guilty if getting the doubt of the end customer order is infringing the copyrights and the intelectual property of a a third party?

As I say, I am interested and I believe this question can be of interest to others.

I did pay special care on this specific project not get access to any or use any information not freely available in the internet! Still so I have a bad feeling!

Best regards

Hellmut

[Subject edited by staff or moderator 2009-07-27 08:52 GMT]


 

KSL Berlin  Identity Verified
Portugal
Local time: 21:09
Member (2003)
German to English
+ ...
Ask an attorney Jul 25, 2009

If you are a member of the BDÜ you could pose the question to one of the attorneys contracted for the periodic question times.

 

Samuel Murray  Identity Verified
Netherlands
Local time: 22:09
Member (2006)
English to Afrikaans
+ ...
What proof would you accept? Jul 25, 2009

hellmut1956 wrote:
I have a question regarding the above.


Here is the answer, below.icon_smile.gif

On a more serious note:

If during the research and translation work on a project for an agency or colllegue Translator subcontracting me I get the impression it might be in doubt that the end customer has the legal rights to have a document translated, what should be the consequences?


You should not translate anything that contributes directly or fairly directly to crime (where "crime" is defined by your country's laws or by your own moral values). If you're a member of a translators' association, its code of ethics might include dishonesty or various forms of moral decay as well.

Am I protected by the fact that I am only delivering translation services and that my T&C´s listed in the invoice issued to my contracting entity state that I should be kept free of any harm by claims from third parties?


I doubt if an anti-claim-harm clause will save you, but perhaps common sense might, although IANAL. Usually, anyone may create or pay for a translation of anything, as long as the translation is used in accordance to fair use or fair usage. Beyond that, a license is required from the author of the original text (and from the translator, although that is rarely said).

My big question to you is what kind of proof you would accept if you were to confront your client and he would submit proof to you that everythingn is in fact legit. What sort of proof would you consider acceptable proof?


 

Hellmut Kohlsdorf  Identity Verified
Local time: 22:09
German to Spanish
+ ...
TOPIC STARTER
RE: Copyrights and Intelectual Property Jul 25, 2009

Thanks so far for the responses.
@Samuel: I thing you got the point. Translating a document that a customer has received when buying a system from a supplier I believe is not criminal in its own right. At least as long as he uses the documentation for his own purposes and just wants to have it available in his own native language.

So it is not as you say a contribution for a possible crime.

Is just that in the context of this project the question of the legality of translating a document came into my mind. I prefer to be overly careful and to ensure I am not running into any trap.

@Kevin: No, I am not a member of the BDÜ and I am just starting to reactivate my activities as a freelancer. I have started investing in the proper tools and building up a customer base. I guess by 2010 I will be able to establish this business and this topic proves the need to investigate the advantages of being a member of the BDÜ.

Should anybody have the knowledge if just the translation of a document whose copyright belongs to a third party breaches the copyrights remains an interesting question. I will add to my T&C´s a proper clause.


 


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