WHAT COPYRIGHT SETS FOR THE PROFESSIONAL TRANSLATOR?

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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