Does translation create an intellectual property or copyright? Thread poster: Vladimir Konoplitsky
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Dear colleagues, We have got into a classical situation of non-payment. Our translation company (based in Lithuania) translated a number of articles and these translations were published on a client's website (client is based in UK). Our contract with the client states that all materials and copyrights remain our property until the full payment is received. After trying to get the payment for long enough, we're preparing for the debt collection and court proceedings. I... See more Dear colleagues, We have got into a classical situation of non-payment. Our translation company (based in Lithuania) translated a number of articles and these translations were published on a client's website (client is based in UK). Our contract with the client states that all materials and copyrights remain our property until the full payment is received. After trying to get the payment for long enough, we're preparing for the debt collection and court proceedings. In the meantime we demanded a client to remove translated materials from their website as they infringe our copyright. The client said "We have created the text and the mere translation of it does not create new intellectual property rights. It is still the same text and a translation does not have a threshold of creativity which would provide for some IP protection." Could you advise, are there any legislation acts that clarify what is "translation" and whether it creates intellectual property or copyright? Kind regards, Vladimir
[Edited at 2019-01-25 10:05 GMT] ▲ Collapse | | | Samuel Murray Netherlands Local time: 16:07 Member (2006) English to Afrikaans + ... |
Hey Samuel. Thank you! I forgot to mention: our company is based in Lithuania, client's company is based in UK. So it should be EU legislation first of all. Sorry for confusion I've found Berne Convention, Article 2(3) https://www.law.cornell.edu/treaties/berne/2.html But I'm not sure if it still the main document describing the copyright in regards to translation. It's dated 1971! | | | Jean Lachaud United States Local time: 10:07 English to French + ... A lawyer is needed | Jan 24, 2019 |
You need to talk to a lawyer. Copyright issues are complicated per se, even mode so for us translators. A lawyer specialized in copyright issues, of course. Most likely, such lawyers don't come cheap. | |
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Forget the copyright, if they haven't paid isn't it just plain theft?! | | | Sarah McDowell Canada Local time: 09:07 Member (2012) Russian to English + ... They have noright to use the text until paid in full | Jan 24, 2019 |
The company can't use the translated texts until they have paid. It's as simple as that.
[Edited at 2019-01-24 23:08 GMT] | | | I need a legal basis | Jan 25, 2019 |
Sarah McDowell wrote: The company can't use the translated texts until they have paid. It's as simple as that.
[Edited at 2019-01-24 23:08 GMT] I understand it's clear and logical. But I need a legal basis to prove that translation is subject to copyright, for a start. | | | To report site rules violations or get help, contact a site moderator: You can also contact site staff by submitting a support request » Does translation create an intellectual property or copyright? Protemos translation business management system | Create your account in minutes, and start working! 3-month trial for agencies, and free for freelancers!
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