| Număr de pagini: < [1 2] | Poll: Does the translator own the copyright of TM data created during the translation process? Inițiatorul discuției: ProZ.com Staff
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Mario Chavez (X) 
Local time: 13:24
din engleză în spaniolă
+ ...
| Copyrighted materials in translation processes | May 15, 2015 |
First, if there is no written contract, the product of the translation process, that is, the deliverable or the final file(s), are paid for by the customer and all rights therein are his. Unless the translation is mutually agreed that it is not a work for hire translation.
My official email signature contains a legal blurb that specifically states that I own all the rights to the translation unless it is a work for hire. If I have signed a NDA or agency contract with the cust... See more First, if there is no written contract, the product of the translation process, that is, the deliverable or the final file(s), are paid for by the customer and all rights therein are his. Unless the translation is mutually agreed that it is not a work for hire translation.
My official email signature contains a legal blurb that specifically states that I own all the rights to the translation unless it is a work for hire. If I have signed a NDA or agency contract with the customer (a translation agency), that agreement usually deems all work as work for hire and thus supersedes my legal blurb. So, back to my first paragraph up there.
Second, translation memories are always mine, no matter what the customer sends me. How do I square that away? Simple. I create my own TM to use with the projects of that customer. Interestingly enough, the SDL Trados 2014 packages I get do not contain any translation memory or termbase, so everything that gets saved on my local TMs is mine. If the client wants it, they can pay for it.
Third, I actually received a request from a customer: please send us your TM for all our past projects sent to you in the last 2 years. I composed a TMX file and charged them for it. Our current understanding now requires that I ship a copy of the segments in the TM belonging to a particular project along with the finished project. I don't charge them for that, but I retain ownership of the original TM.
Some of the respondents to this poll sound confused; they think that translation (the work) involves translation memories, glossaries, etc. It does not. ▲ Collapse
| | | | | Does it actually matter? | May 15, 2015 |
Just because I translated "hund" as "dog" in one translation doesn't mean I can't do so in another translation, no matter who has copyright over the translation or the TM.
And I find it hard to imagine anything beyond occasional phrases being repeated for different customers.
But whatever the law says, my translations are mine, end of. So sue me.
| | | | ..... (X)
Local time: 02:24
| A few notes from the survey author | May 15, 2015 |
Thanks to everyone who responded. I proposed this survey. Although I am not sure to what extent there are practical implications for translators in their everyday working lives, I'm taking steps to inform myself on copyright issues, and opinions on them, in connection with the services offered on the new site I've built, TM-Town.
Here are some things I have learned in researching the issue so far. First, let me define some terms:... See more Thanks to everyone who responded. I proposed this survey. Although I am not sure to what extent there are practical implications for translators in their everyday working lives, I'm taking steps to inform myself on copyright issues, and opinions on them, in connection with the services offered on the new site I've built, TM-Town.
Here are some things I have learned in researching the issue so far. First, let me define some terms:
- The text to be translated (Source Text)
- The translation (Target Text)
- The Translation Data (translation memory and terminology files)
Before diving in to the copyright issue, I think it is important to look at the legislation in this area:
Berne Convention (1886)
- Establishes minimum standards of protection as well as the principles of “national treatment” and “automatic protection”
- The Paris Revision (1971) recognized translations as original works and acknowledged that they should be “protected as original works without prejudice to the copyright in the original work” and also gave the author the “exclusive right of making and of authorizing the translation”
U.S. Copyright Act (1976)
- Sections 101 and 201 of the U.S. Copyright Act define nine categories of service (one of which is translation) which can be treated as "work made for hire”
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (1994)
- Provides copyright protection for databases: “compilations of data or other material, whether in machine-readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such”
WIPO Copyright Treaty (1996)
- Makes clear that computer programs and databases are protected by copyright: “compilations of Data (Databases) … Compilations of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such”
Another important factor was mentioned by Mario Chavez above - is it a “Work for Hire” relationship?
If a work is made for hire, an employer is considered the author even if an employee actually created the work.
A few things to note on “Work For Hire” that might be important to you as a freelance translator:
- “Work for Hire” is a concept of U.S. law and the doctrine does not exist in EU legislation
- Both parties must expressly agree in a signed document that the work shall be considered a work made for hire prior to commencement of work
So who owns the copyright to what? Let’s examine the different parts of a translation job. The following assertions are based on what I have found in my research (your views may differ | I am not a lawyer)
Source Text:
The source content is written by the client and thus the copyright is owned by the client.
Target Text:
The copyright owner of the target content depends on a few factors:
- Is it a “work-for-hire”? (Copyright: client)
- Is there a written agreement where the translator assigns the copyright to the client or LSP? (Copyright: client or LSP)
- If neither of the two cases above are met (Copyright: translator)
Translation Data
Translation memory
Determining who holds the copyright for translation memory is a legal gray area where the legislation has not caught up with the technology. Pertinent questions include:
- Can the source or target text be reproduced from the translation memory?
- Has copyright of the Translation Data been assigned back to the client in any written agreement?
- Is translation memory a database (legally speaking)?
- Did multiple translators work on the creation of the translation memory?
- Have the source and target documents been significantly altered in the creation of the translation memory (i.e. through codes and tags added to segments)?
- Are there different copyright holders for the translation memory structure vs. translation memory content?
Terminology files
Copyright of a termbase or glossary created by the translator during the translation process is owned by the translator. Translators should be aware of a few exceptions / gray areas:
- The inclusion of quotes to illustrate or explain specific terms is allowed if the name of the quoted work and its author is mentioned
- The allowable size of a quote is related to the issue of fair use (a controversial area)
- Inclusion of advertising slogans or brand names may violate copyright of the client
My general conclusion is that copyright legislation has not necessarily kept up with the pace of technological change in the translation industry and there are a lot of new and emerging technologies that pose interesting questions to who owns the copyright to data created during the translation process (translation memory, terminology glossaries, machine translation, etc.).
Thanks again to all who participated and please keep your comments and thoughts coming, I am learning a lot! I would be interested in hearing any other feedback on the topic, please feel free to contact me directly as well.
[Edited at 2015-05-16 00:08 GMT] ▲ Collapse
| | | | Mario Chavez (X)
Local time: 13:24
din engleză în spaniolă
+ ...
| You are the translator, you own your TM | May 16, 2015 |
Motivated by this poll, I contacted the same client I had sold my TM last year. I proposed charging for every TM export in tmx format from June 2015 on. Client accepted without hesitation (well, my other option was to raise my rates, which I can always do at a later date).
So, remember that a professional translator worth her ink adds value, and that value has a monetary cost. Make it count and charge it.
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| Does the translator own the copyright of TM data created during the translatio process? | May 17, 2015 |
Most originals are understood property of the client. The translator renders a service under his/her petition. Sometimes a translator is included in a contract as the Author of the translated version so he/she is able to collect royalties.
| | | | Mario Freitas
Brazilia
Local time: 14:24
Membru (2014)
din engleză în portugheză
+ ...
| Copyrights?? | May 21, 2015 |
There isno doubt we own our TMs and everything that is a result of our own intellectual work.
However, the question says "copyright", and that surely does NOT proceed. If we owned the copyrights, we would be allowed to publish the contents of our TM's, which is obviously not the case.
We surely own our intellectual work and have all the rights to keept it and use it as reference. But in the moment you show this to a second person or publish it anyhow, you are breaking t... See more There isno doubt we own our TMs and everything that is a result of our own intellectual work.
However, the question says "copyright", and that surely does NOT proceed. If we owned the copyrights, we would be allowed to publish the contents of our TM's, which is obviously not the case.
We surely own our intellectual work and have all the rights to keept it and use it as reference. But in the moment you show this to a second person or publish it anyhow, you are breaking the law and the NDA you signed. So "copyright" NO! Wrong word. ▲ Collapse
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