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Thread poster: hooshdaran

hooshdaran
Iran
English to Farsi (Persian)
Dec 22, 2014

Hello.
since Copyright is not enforced in Iran for Foreign works, I have difficulty signing a contract. Because it will be under auspices of English courts, and I don't know them. I wam\nt to observe the copyright myself. What should I do?


 

Phil Hand  Identity Verified
China
Local time: 11:12
Chinese to English
Not your problem Dec 23, 2014

Sign, and send a note explaining the potential problem.

It's an interesting situation. Does Iran recognise the copyright of Iranian translators of foreign works?


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
It seems so. Dec 23, 2014

Phil Hand wrote:

Sign, and send a note explaining the potential problem.

It's an interesting situation. Does Iran recognise the copyright of Iranian translators of foreign works?

Within Iran, yes, according to my father.
Who should I send a note to?


 

Phil Hand  Identity Verified
China
Local time: 11:12
Chinese to English
The counterparty Dec 23, 2014

hooshdaran wrote:

Within Iran, yes, according to my father.
Who should I send a note to?

If the copyright of your translation will be recognized, then there's no problem, is there? You do the translation, give or lease the copyright to your counterparty, and they can publish with the protection of that translation copyright.

But you should definitely send them a note explaining the situation to the best of your knowledge.


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
There is a problem Dec 23, 2014

Phil Hand wrote:

hooshdaran wrote:

Within Iran, yes, according to my father.
Who should I send a note to?

If the copyright of your translation will be recognized, then there's no problem, is there? You do the translation, give or lease the copyright to your counterparty, and they can publish with the protection of that translation copyright.

But you should definitely send them a note explaining the situation to the best of your knowledge.

Let's state the problem again:
The original book has a copyright and any tampering with it requires the consent of the publisher of the English book [I am translating from English to Farsi not the other way around].


 

Phil Hand  Identity Verified
China
Local time: 11:12
Chinese to English
Still can't understand your problem Dec 23, 2014

With whom is this contract going to be signed? Is there a contract at all? Normally, translators only translate books when they have contracted to do so with a publisher. If you have contracted to translate a book, the the copyright is the publisher's problem.

If you have no contract to translate the book, you can prepare a translation and try to sell it to publishers. They will then have to buy the rights to publish in their territory from the rights holder (probably the original publisher). If you want to publish yourself, you will have to do the same thing.


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
With the foreign publisher Dec 30, 2014

Phil Hand wrote:

With whom is this contract going to be signed?
With the foreign publisher.

------------------------------
But since Iran does not enforce the Copyright law, the only way to get permission for the author is to sign the contract myself.

[Edited at 2014-12-30 16:54 GMT]


 

Samuel Murray  Identity Verified
Netherlands
Local time: 05:12
Member (2006)
English to Afrikaans
+ ...
@Hooshdaran Dec 30, 2014

hooshdaran wrote:
But since Iran does not enforce the Copyright law, the only way to get permission for the author is to sign the contract myself.


The way I understand it (after a mere 5 minutes on Google) is that it is not illegal in Iran for anyone in Iran to respect the copyright of anyone outside of Iran. The Iran government simply won't prosecute anyone for breaching the copyright of someone outside of Iran. This has to do with the fact that the United States keep blocking Iran's membership to the world's copyright organisation, and the Iran government's tit-for-tat response to that fact.

This means that you are free to sign a contract affirming your intention to respect the copyright of someone outside of Iran. The foreign publisher must just realise that if you do decide to breach copyright, their governments can't rely on your government to prosecute you.


 

Samuel Murray  Identity Verified
Netherlands
Local time: 05:12
Member (2006)
English to Afrikaans
+ ...
@Hoosh2 Dec 30, 2014

hooshdaran wrote:
I want to observe the copyright myself.


What do you mean by "observe the copyright"? Do you mean the copyright of the book you're translating, or the copyright of your own translation?


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
the book I translated Dec 30, 2014

Samuel Murray wrote:

hooshdaran wrote:
I want to observe the copyright myself.


What do you mean by "observe the copyright"? Do you mean the copyright of the book you're translating, or the copyright of your own translation?


The Copyright of the author of the original work


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
hmm.... Dec 30, 2014

Samuel Murray wrote:

hooshdaran wrote:
But since Iran does not enforce the Copyright law, the only way to get permission for the author is to sign the contract myself.


The way I understand it (after a mere 5 minutes on Google) is that it is not illegal in Iran for anyone in Iran to respect the copyright of anyone outside of Iran. The Iran government simply won't prosecute anyone for breaching the copyright of someone outside of Iran. This has to do with the fact that the United States keep blocking Iran's membership to the world's copyright organisation, and the Iran government's tit-for-tat response to that fact.

This means that you are free to sign a contract affirming your intention to respect the copyright of someone outside of Iran.

I am free to sign it, but all the accountability falls on myself.
When in a country something becomes the norm, it is very painful to act otherwise.


The foreign publisher must just realise that if you do decide to breach copyright, their governments can't rely on your government to prosecute you.

I tried to tell him that, but he was put off.
And he refused to send me a new contract with the new financial conditions agreed on via email.


 

Samuel Murray  Identity Verified
Netherlands
Local time: 05:12
Member (2006)
English to Afrikaans
+ ...
And what do you mean by the verb Dec 30, 2014

hooshdaran wrote:
Samuel Murray wrote:
hooshdaran wrote:
I want to observe the copyright myself.

1. What do you mean by "observe the copyright"?
2. Do you mean the copyright of the book you're translating, or the copyright of your own translation?

2. The Copyright of the author of the original work.

And what do you mean by "observe"?

By the way, it's normal for contracts to say something to the effect that the contract is subject to the laws of country X, which is often not the country of the translator. I don't think this should bother you.


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
no Dec 30, 2014

Samuel Murray wrote:

hooshdaran wrote:
Samuel Murray wrote:
hooshdaran wrote:
I want to observe the copyright myself.

1. What do you mean by "observe the copyright"?
2. Do you mean the copyright of the book you're translating, or the copyright of your own translation?

2. The Copyright of the author of the original work.

And what do you mean by "observe"?

By the way, it's normal for contracts to say something to the effect that the contract is subject to the laws of country X, which is often not the country of the translator. I don't think this should bother you.

No that does not, because I am earnest to get their permission.

I will bout by the contract but would like them to relax the offer to that suggested by emails.


 

Phil Hand  Identity Verified
China
Local time: 11:12
Chinese to English
Still can't understand your problem Dec 30, 2014

and I'd really like to, because it sounds interesting!

What are the particular conditions you're referring to?

Normally, the author's copyright wouldn't make any difference to the financial compensation of the translator. You get paid to produce the work, and you give the rights to use your translation to the publisher, who may or may not pay you a royalty. None of this affects the copyright of the original author.

Do you mean that usually when a translated book is published in Iran, no royalty is paid to the foreign author? Is that the issue you're talking about?


 

hooshdaran
Iran
English to Farsi (Persian)
TOPIC STARTER
No Dec 30, 2014

Phil Hand wrote:

and I'd really like to, because it sounds interesting!

What are the particular conditions you're referring to?

Normally, the author's copyright wouldn't make any difference to the financial compensation of the translator. You get paid to produce the work, and you give the rights to use your translation to the publisher, who may or may not pay you a royalty. None of this affects the copyright of the original author.

Do you mean that usually when a translated book is published in Iran, no royalty is paid to the foreign author? Is that the issue you're talking about?

When I said all the accountability will be mine, I exactly meant I should pay the royalty myself!
all the accountability related to the contract with the original holder of the copyright. So it impacts me.

[Edited at 2014-12-31 07:20 GMT]


 
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