Copyright for translation of a book? Advise needed. Thread poster: Elena Volkova
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Elena Volkova 
United Kingdom
Local time: 17:22
English to Russian
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Hello!
I have taken on a book translation project - it is a private arrangement, i.e. no contract but there is a fee. I would really like to make sure that if/when they publish it I will be named as a translator.
Is there a way to oblige them to do it? I have not asked yet but even if they say "yes", how can I be sure that they won't change their minds and/or if their publisher doesn't object to it (for whatever reason)?
Thanks in advance!
| | | | Tom in London
United Kingdom
Local time: 17:22
Member (2008)
Italian to English
Elena Volkova wrote:
Hello!
I have taken on a book translation project - it is a private arrangement, i.e. no contract but there is a fee. I would really like to make sure that if/when they publish it I will be named as a translator.
Is there a way to oblige them to do it? I have not asked yet but even if they say "yes", how can I be sure that they won't change their minds and/or if their publisher doesn't object to it (for whatever reason)?
Thanks in advance!
Why not do an excellent job and then just ask them nicely? Since this is a big job (a whole book) it's surely important that you establish a relationship of trust with them- one that goes beyond contracts and pieces of paper.
"First, get people to like you. If you can get away with that, you can get away with anything" (George Burns)
[Edited at 2011-06-13 12:31 GMT]
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Make a list of all the issues related to the translation of the book that are of importance to you (including payment) and draw up a contract that both parties will sign. It is the best way to make sure that everyone is on the same page.
| | | | Elena Volkova
United Kingdom
Local time: 17:22
English to Russian
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TOPIC STARTER
Thank you for your response.
I will ask them of course but we live in different countries, and once the text and fee change hands I will lose sight of my translation. So I wanted some guarantee, I guess.
I am not familiar with the publishing business, could the publisher for whatever reason object to that?
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| You'll need a signed agreement | Jun 13, 2011 |
You'll need some enforceable agreement stating that whoever hired you to translate it has the right to mention your name as the translator in the publication, and that they commit to mentioning your name as the translator in the book, otherwise they'll incur in penalties also specified therein.
Have you ever heard of ghost-writers? Well, there are ghost-translators too.
Another case, for instance I translated a book for a... See more You'll need some enforceable agreement stating that whoever hired you to translate it has the right to mention your name as the translator in the publication, and that they commit to mentioning your name as the translator in the book, otherwise they'll incur in penalties also specified therein.
Have you ever heard of ghost-writers? Well, there are ghost-translators too.
Another case, for instance I translated a book for a translation agency, the whole deal being covered by a NDA. I am sure that my name will never be associated with that translation, and I know I'm not allowed to include that book in the list of books I have translated on both my web site and my CV.
Whatever compensation you are getting for that translation work may include your silence regarding you having done it, or not. ▲ Collapse
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As the title of your post rightfully implies, you hold the copyright to the translation. Lacking an explicit written contractual provision assigning this copyright (and there is none if you don't have a written contract), it remains vested in you, not the publisher or anyone else.
Although Berne convention does not require a copyright notice, it may be wise to include one in the file you deliver: "translation into XXX (c) 2011 Elena Volkova".
As a side note, I am not fully convinced... See more As the title of your post rightfully implies, you hold the copyright to the translation. Lacking an explicit written contractual provision assigning this copyright (and there is none if you don't have a written contract), it remains vested in you, not the publisher or anyone else.
Although Berne convention does not require a copyright notice, it may be wise to include one in the file you deliver: "translation into XXX (c) 2011 Elena Volkova".
As a side note, I am not fully convinced that working without a contract, especially when you and the client live in different countries (and accordingly, different jurisdictions), is 100% reasonable. Bad things happen, and as someone said, contracts are written just for those occasions when good friends are no longer ones. Furthermore, in the countries with foreign exchange controls, such as Russia, a written contract will make it easier for your client to transfer the money across the border. Of course, a contract may be implicitly created by your correspondence with the client, but do check what the laws of both countries say about it. ▲ Collapse
| | | | Elena Volkova
United Kingdom
Local time: 17:22
English to Russian
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TOPIC STARTER | We are in different countries | Jun 13, 2011 |
Thank you, José Enrique.
I am based in the UK and the author is in Russia/Ukraine. They say that they plan to publish it in Europe.
What kind of legal agreement do I need given the variety of jurisdictions here?
| | | | Attila Piróth
France
Local time: 18:22
Member
English to Hungarian
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| You'll need a signed agreement /2 | Jun 13, 2011 |
I agree entirely with José Henrique. The PEN model contract can be a good starting point.
As it comes from a reputable organization, it may be easier for you to present this one as a first draft than an agreement that you alone would draw up. You may also look for model agreements put forward by the association of literary translators in the publisher's country.
... See more I agree entirely with José Henrique. The PEN model contract can be a good starting point.
As it comes from a reputable organization, it may be easier for you to present this one as a first draft than an agreement that you alone would draw up. You may also look for model agreements put forward by the association of literary translators in the publisher's country.
Such a signed contract can give you peace of mind, which is rather important for such a long-term project.
Best of luck,
Attila ▲ Collapse
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Elena Volkova
United Kingdom
Local time: 17:22
English to Russian
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TOPIC STARTER | More questions... | Jun 13, 2011 |
Thanks Anton and Attila.
It was a private arrangement, the author is my friend's relative. I would imagine they wouldn't mind signing whatever guarantees my copyright to the translation but the difficulty is, as I mentioned, that we live in different countries.
The book was not big so I expect to complete it shortly. They are unable to accept the job personally so somebody from my side will meet somebody from their side in Russia and hand over a flash memory stick with... See more Thanks Anton and Attila.
It was a private arrangement, the author is my friend's relative. I would imagine they wouldn't mind signing whatever guarantees my copyright to the translation but the difficulty is, as I mentioned, that we live in different countries.
The book was not big so I expect to complete it shortly. They are unable to accept the job personally so somebody from my side will meet somebody from their side in Russia and hand over a flash memory stick with the translation in exchange for my fee.
If I get hold of a contract can I email it to the author to sign, then scan, and then email it back to me? Will it be legally enforceable?
The trouble is I might not even know if and when they've published the book, unless they notify me. Or should I discuss it with them in the manner "have you got a publisher already? what are your timescales for publishing etc"?
I cannot believe the extent of my apparent ignorance... ▲ Collapse
| | | | | The issue may be moot under the circumstances | Jun 13, 2011 |
Jose Enrique and Anton got it right on. Do yourself a favor and sign a contract even though enforcing contracts across a state border, especially if what's on the one side of it is the former Soviet Union, could be an undertaking in its own right.
That said, and I am not trying to discourage you, your client's intent "to publish in Europe" sounds a bit naive. From my personal experience with the publishing industry in the US, I can tell you that having your work published is way mor... See more Jose Enrique and Anton got it right on. Do yourself a favor and sign a contract even though enforcing contracts across a state border, especially if what's on the one side of it is the former Soviet Union, could be an undertaking in its own right.
That said, and I am not trying to discourage you, your client's intent "to publish in Europe" sounds a bit naive. From my personal experience with the publishing industry in the US, I can tell you that having your work published is way more difficult than actually doing the work itself, and to a large extent depends on luck, current fashions or outright fads. In case of foreign authors, the standard procedure would be for the author to sell the original work first. The publisher would then find its own translator. Moreover, the publishing industry universally frowns upon anything not done "by the book". Consequently, there may be little chance your book will ever get published at all. Under such circumstances, I would concentrate on making damn sure you get paid. ▲ Collapse
| | | | Tom in London
United Kingdom
Local time: 17:22
Member (2008)
Italian to English
| I'm translating a book too | Jun 13, 2011 |
I, too, am translating a book at the moment, under a private agreement and not through an outsourcer. Rather than appearing over-anxious at the outset, I am simply doing the translation and as I go, keeping the Author informed as to my progress. This is helping to establish a good relationship. My own concerns about having myself credited as the Translator are very much in the background. I'm not looking for a contractual undertaking; I'm working my way to a position where the Author, and not I,... See more I, too, am translating a book at the moment, under a private agreement and not through an outsourcer. Rather than appearing over-anxious at the outset, I am simply doing the translation and as I go, keeping the Author informed as to my progress. This is helping to establish a good relationship. My own concerns about having myself credited as the Translator are very much in the background. I'm not looking for a contractual undertaking; I'm working my way to a position where the Author, and not I, will suggest that I should be credited in the book.
I suggest it would be better to focus on the translation, not on excogitating some legal means by which to force the Author to credit the translator before they have even seen the translation! ▲ Collapse
| | | | | Contract, contract and again contract | Jun 13, 2011 |
Contracts have been invented just to make sure that certain requirements are met. There is no other way you can be sure of that. Usually the contract stems from the country of whoever is assigning you a job. It doesn't matter whether the person is your friend, your friend's relative, etc. It is still a job and needs a contract.
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Evans (X)
Local time: 17:22
Spanish to English
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| contact the Translators Association of the Society of Authors for advice | Jun 14, 2011 |
Elena,
Since you live in the UK I suggest you contact the Translators Association of the Society of Authors, which will give you advice on model contracts and on your legal position. You can become a member too, if you have already translated a book or have a contract for one (which in your case you don't quite have, so I'm not sure how that would be regarded). In any case the organisation is very helpful, so take a look at the websi... See more Elena,
Since you live in the UK I suggest you contact the Translators Association of the Society of Authors, which will give you advice on model contracts and on your legal position. You can become a member too, if you have already translated a book or have a contract for one (which in your case you don't quite have, so I'm not sure how that would be regarded). In any case the organisation is very helpful, so take a look at the website or give them a ring.
www.societyofauthors.net ▲ Collapse
| | | | Elena Volkova
United Kingdom
Local time: 17:22
English to Russian
+ ...
TOPIC STARTER
Thank you very much everyone, for your helpful and knowledgeable comments.
I will contact the Society of Authors.
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