The question of
the copyright of a professional translator on his translation is often
debated.Copyright protecting a creation, to what extent can a translation be
considered itself a creation?
The translation of a literary work (most often) raises
the question of the translator's copyright.The translation of a linguistic
creation is indeed a form of "re-creation. The professional
translator provides a different job than a
conventional translation.
Not only must the
translated text retain its meaning and style, but it must also respect its
artistic aspect. Transcribe the writer's choices into the length of words,
phrases, alliterations and assonances that give rhythm to the text and a
personality specific to the characters.
What are the means for the translator to enforce his copyright?
The issue of
copyright is often fixed in the contract between the client and the
translator. for example, awarding royalties (usually 1 to 3%) or a
fixed rate. Be careful not to enter into a contract without checking this
legal clause.
If you translate a text into English, for example, make sure the royalties are good for global
sales. They could only cover sales in England, and you would miss those in
the US, Australia, etc.
Here is a contract model for literary translations,developed by the PEN American Center.
In law, the translation of a work is a derivative
work,i.e. it is created from a pre-existing
work. Copyright remains applicable. It should be remembered that it
is essential to have the author's permission, unless the text is in the public
domain.
Whether you are a client or an independent translator,
you can use our translation service if you need
a legal translation of the contract..
What do judges say about the translator's copyright?
The Paris Court of
Appeal recently recognized the benefit of copyright to two professional
translators.
In a decision of
17 May 2016, the Court noted the intellectual work of the translator beyond the
instructions received, fidelity to the original text and technical
necessities. The judge acknowledged the originality of the translation. But
the infringement of respect for the work of translation is ruled out because of
the necessities of adapting the work to its mode of exploitation.
In another decision of
June 7, 2016, the judges noted 3 clues leading to the protection of translation
- 1/ the lack of literal translation, 2/ the adaptation of language to the
personality of the characters, 3/ the search for the musicality of the
language. The translator succeeds in the field of counterfeiting
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