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Does translation create an intellectual property or copyright?
Thread poster: Vladimir Konoplitsky
Vladimir Konoplitsky
Vladimir Konoplitsky  Identity Verified
Belarus
Local time: 10:53
English to Russian
+ ...
Jan 24, 2019

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
Samuel Murray  Identity Verified
Netherlands
Local time: 09:53
Member (2006)
English to Afrikaans
+ ...
@Vladimir Jan 24, 2019

Vladimir Konoplitsky wrote:
Could you advise, are there any legislation acts that clarify what is "translation" and whether it creates intellectual property or copyright?


Google got me this:
https://www.wipo.int/edocs/lexdocs/laws/en/by/by011en.pdf
http://original-web-site.cipr.org/legal_reference/countries/belarus/CopyrightBelarusENG.pdf
It mentions translation specifically, says it is a derivative work, and says that there is copyright in derivative works.


[Edited at 2019-01-24 17:04 GMT]

Yolanda Broad
 
Vladimir Konoplitsky
Vladimir Konoplitsky  Identity Verified
Belarus
Local time: 10:53
English to Russian
+ ...
TOPIC STARTER
EU laws Jan 24, 2019

Samuel Murray wrote:

Vladimir Konoplitsky wrote:
Could you advise, are there any legislation acts that clarify what is "translation" and whether it creates intellectual property or copyright?


Google got me this:
https://www.wipo.int/edocs/lexdocs/laws/en/by/by011en.pdf
http://original-web-site.cipr.org/legal_reference/countries/belarus/CopyrightBelarusENG.pdf
It mentions translation specifically, says it is a derivative work, and says that there is copyright in derivative works.


[Edited at 2019-01-24 17:04 GMT]


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
Jean Lachaud  Identity Verified
United States
Local time: 03:53
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.
 
Christopher Schröder
Christopher Schröder
United Kingdom
Member (2011)
Swedish to English
+ ...
Theft Jan 24, 2019

Forget the copyright, if they haven't paid isn't it just plain theft?!

Michele Fauble
 
Sarah McDowell
Sarah McDowell  Identity Verified
Canada
Local time: 02:53
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]
 
Vladimir Konoplitsky
Vladimir Konoplitsky  Identity Verified
Belarus
Local time: 10:53
English to Russian
+ ...
TOPIC STARTER
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.
 


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Does translation create an intellectual property or copyright?







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