C
Chilean1
Guest
Dear FreeAdvice Staff:
Before posing my question, which concerns intellectual or copyright property law, I feel I must provide you with some background info:
I work in the translation and interpretation field. With globalization (Internet), the translation of ideas from one language to another is no longer a question of finding a qualified translator in your area and having him or her do the translation and pay for the work upon delivery. Today, translation projects may consist of thousands of pages, translated by a team of translators, generally working in a different state or country, and using Computer Aided Translation (CAT) tools that increase productivity. CAT should not be confused with Machine Translation (MT). Machine Translation consists of a computer program that uses an extensive dictionary and an algorithm to analyze the source text and create target text of relative accuracy. A CAT program is a program that refers to previously translated material stored in a database and offers suggestions to the translator. The objective of the software is not to replace but to assist the translator. Computer Aided Translation is also known as Translation Memory. These programs offer the translator the possibility of searching for individual expressions, or concordance in the database (i.e. key terms, phrases, etc.). This advantage will be especially noticeable in large-scale documents translated by a team. An integral part of the tool is the Terminology Management Software, which is essentially a glossary developed by the translator(s), the client, or both.
Currently, freelance translators working for large translation agencies located in the US, Europe, or anywhere in the world increasingly perform the translations. This being so far away from the client (agency), creates problems of collecting for the work performed, and there are many unethical agencies that take advantage of these long distances to commission translations and never pay for the work. And this brings me to the two questions on intellectual property that are a source of daily debate in translation forums:
1. Who owns the intellectual property (or of any other type) on a translation that was performed under promise of payment, but has not been paid? The translator who did the job, the agency that commissioned the job to the translator, or the client that contracted with the agency (and probably paid the agency)? Can a translator state in his or her invoice that release of copyright for the translation is subject to the payment of said translation?
2. Who owns the rights to the Translation Memory and the Glossary? The translator who bought the software and translated the document or the agency or client that commissioned the work? Who owns the rights to the Glossary? The translator, who developed the glossary over many years and for many different clients of similar interests or the agency that commissioned the work?
In reading the many translator forums on the Net that have dealt with these issues, I have seen dozens of different opinions, ranging from one extreme to the other, but to date, I have never seen an opinion expressed by an attorney, your assistance on this matter would be greatly appreciated. I understand that it would not constitute legal advice, but it would give us assistance in deciding whether to seek legal counsel or not.
Please be prepared to be swamped with questions from translators, for I have found your site so interesting and relevant that I will be posting your URL on all the translator forums to which I belong.
Regards,
Before posing my question, which concerns intellectual or copyright property law, I feel I must provide you with some background info:
I work in the translation and interpretation field. With globalization (Internet), the translation of ideas from one language to another is no longer a question of finding a qualified translator in your area and having him or her do the translation and pay for the work upon delivery. Today, translation projects may consist of thousands of pages, translated by a team of translators, generally working in a different state or country, and using Computer Aided Translation (CAT) tools that increase productivity. CAT should not be confused with Machine Translation (MT). Machine Translation consists of a computer program that uses an extensive dictionary and an algorithm to analyze the source text and create target text of relative accuracy. A CAT program is a program that refers to previously translated material stored in a database and offers suggestions to the translator. The objective of the software is not to replace but to assist the translator. Computer Aided Translation is also known as Translation Memory. These programs offer the translator the possibility of searching for individual expressions, or concordance in the database (i.e. key terms, phrases, etc.). This advantage will be especially noticeable in large-scale documents translated by a team. An integral part of the tool is the Terminology Management Software, which is essentially a glossary developed by the translator(s), the client, or both.
Currently, freelance translators working for large translation agencies located in the US, Europe, or anywhere in the world increasingly perform the translations. This being so far away from the client (agency), creates problems of collecting for the work performed, and there are many unethical agencies that take advantage of these long distances to commission translations and never pay for the work. And this brings me to the two questions on intellectual property that are a source of daily debate in translation forums:
1. Who owns the intellectual property (or of any other type) on a translation that was performed under promise of payment, but has not been paid? The translator who did the job, the agency that commissioned the job to the translator, or the client that contracted with the agency (and probably paid the agency)? Can a translator state in his or her invoice that release of copyright for the translation is subject to the payment of said translation?
2. Who owns the rights to the Translation Memory and the Glossary? The translator who bought the software and translated the document or the agency or client that commissioned the work? Who owns the rights to the Glossary? The translator, who developed the glossary over many years and for many different clients of similar interests or the agency that commissioned the work?
In reading the many translator forums on the Net that have dealt with these issues, I have seen dozens of different opinions, ranging from one extreme to the other, but to date, I have never seen an opinion expressed by an attorney, your assistance on this matter would be greatly appreciated. I understand that it would not constitute legal advice, but it would give us assistance in deciding whether to seek legal counsel or not.
Please be prepared to be swamped with questions from translators, for I have found your site so interesting and relevant that I will be posting your URL on all the translator forums to which I belong.
Regards,