| Pages in topic: < [1 2 3] > | Plagiarism - deliberate and blatant - translator's responsibilties Thread poster: Frank van Thienen (X)
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Elizabeth Rasmu 
Norway
Local time: 07:49
English to Norwegian (Bokmal)
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An academic thesis should give credit where credit is warranted. As a former university lecturer, I would be very upset to see that my client has cheated, either by copying large sections or by not referencing properly. It is considered a serious offense by most universities and the consequences are severe. I think I would have dropped the translation and reimbursed her/him whatever he/she has paid me. I'm not quite sure what the legal responsibilities of the translator are, but if you are a cer... See more An academic thesis should give credit where credit is warranted. As a former university lecturer, I would be very upset to see that my client has cheated, either by copying large sections or by not referencing properly. It is considered a serious offense by most universities and the consequences are severe. I think I would have dropped the translation and reimbursed her/him whatever he/she has paid me. I'm not quite sure what the legal responsibilities of the translator are, but if you are a certified member of a translation society/association, you could always ask your association for advice. Academic achievement should be the result of honest work, not of cheating... ▲ Collapse
| | | | | Code of ethics of the local translators' association? | Aug 20, 2010 |
http://www.stibc.org/page/code%20of%20ethics.aspx
Code of Ethics
SOCIETY OF TRANSLATORS AND INTERPRETERS OF BRITISH COLUMBIA
81. Where applicable, members shall respect all copyrights and other intellectual property rights.
82. Members shall not divulge privileged information.
83. Members shall not use their professional role to perform functions that lie beyond the scope of a language professional, such as advocacy, counselling or improper disclosure of information.
Well, it is not clear to me how 81 applies when it is your client that breached copyright. At the same time 82 and 83 suggests that you keep the information to yourself...
If I were you, I would call the association and ask for advice (without mentioning specific client or university names, etc.).
Katalin
| | | | | Check with the Association | Aug 20, 2010 |
Katalin Horvath McClure wrote: 83. Members shall not use their professional role to perform functions that lie beyond the scope of a language professional, such as advocacy, counselling or improper disclosure of information. Well, it is not clear to me how 81 applies when it is your client that breached copyright. At the same time 82 and 83 suggests that you keep the information to yourself... If I were you, I would call the association and ask for advice (without mentioning specific client or university names, etc.).
It looks quite clear to me... The translator should not disclose this situation. I think this is good advice tough: check with the Association.
| | | | Martin Stranak
Czech Republic
Local time: 07:49
English to Czech
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| Aren´t you supposed to guarantee the quality of translation only? | Aug 20, 2010 |
Sorry for being nosey, I have not been in the business for very long. But from my point of view, a translator is just doing his/her job.
Would anyone sue Hugo Boss that his customer used a tuxedo when committing an insurance fraud, for example?
I think everyone should wake up and realise the client has submitted source text, the text has been translated, delivered and paid for.
As if any translatorcared about theactuall merit or deed when translating cont... See more Sorry for being nosey, I have not been in the business for very long. But from my point of view, a translator is just doing his/her job.
Would anyone sue Hugo Boss that his customer used a tuxedo when committing an insurance fraud, for example?
I think everyone should wake up and realise the client has submitted source text, the text has been translated, delivered and paid for.
As if any translatorcared about theactuall merit or deed when translating contents of psychological reports on the worst killer on the planet... ▲ Collapse
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Frank van Thienen (X)
Canada
Local time: 22:49
Dutch to English
TOPIC STARTER | it's coming together - i think | Aug 20, 2010 |
Thanks everyone, for the interest and all the responses. Most enlightening to wake up this morning and see the various opinions on this.
to comment on some of your comments:
Katalin Horvath McClure wrote:
...If I were you, I would call the association and ask for advice...
and:
...Well, it is not clear to me how 81 applies when it is your client that breached copyright...
Good idea, except that I'm not a member of that association
Based on everything I've heard so far, I believe it's like this: I would be breaching copyright if I would find a previous translation of any of the source text, and copy/paste that without citing it myself.
What I'm not sure about however, by knowingly translating source text that was plagiarised, am I "aiding and abetting"?
Several of you commented on the software detection issue: This being an original translation (i.e. I did not find nor use any previously translated text) it may well be that this will not be detected - unless this software is smart enough? Even the references have translated bits in them.
Krzysztof Kajetanowicz wrote:
Why do you want to know as much as possible about this alleged crime if this knowledge is possibly placing a legal burden on you?
But that's hiding your head in the sand - and an ostrich I am not! Ignorance of the law is no excuse, so if there is some way I can be implicated, then I want to know this.
And even if I cannot be implicated, this whole thing goes against my grain! It's not right and I want to deal with it in the best way I can. I am discussing it here to figure out what the best way is.
= = = = = = = = = = = = = = = = = =
In the meantime I've received some legal advice from a university lawyer in the Netherlands, and she tells me that I should:
* definitely inform the client that I found that she's plagiarising;
* this is an offence under article 3.26B of the "Wetboek van strafrecht" (Dutch criminal law!!);
* she also suggests I add that if the author doesn't fix this herself, that I would be obliged to report this to the police (!);
* She does NOT recommend reporting this to the prof or university, as this is their business.
Sounds OK to me...
Now I have to decide whether I should
* send the finished translation (she already has the first 30%)
* keep the money (it's paid in full)
I don't think I should do either....
Thanks again for all your comments!!
Frank
| | | | Marcelo Silveyra
United States
Local time: 22:49
Member (2007)
German to English
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Frank van Thienen wrote:
It's not right and I want to deal with it in the best way I can.
The world needs more people like you, and I mean it.
| | | | | Ethical issues | Aug 20, 2010 |
Martin Stranak wrote:
I think everyone should wake up and realise the client has submitted source text, the text has been translated, delivered and paid for.
As if any translator cared about the actuall merit or deed when translating contents of psychological reports on the worst killer on the planet...
Actually there have been and are always situations in which a translator rejects a job for ethical or religious reasons.
Discussing the matter and seeking the advice of colleagues is a very sensible thing to do in my opinion. This is not a matter of translation, but a matter of ethical concerns in line with the desire of a better, more just world overall. I completely applaud this kind of concerns and conversation.
[Edited at 2010-08-20 18:27 GMT]
| | | | | Do as advised... | Aug 20, 2010 |
Frank van Thienen wrote:
Now I have to decide whether I should
* send the finished translation (she already has the first 30%)
* keep the money (it's paid in full)
Personally I would do as advised by your lawyer contact (i.e. report the violation to the customer herself), return the money for the part not yet delivered, and stop translating immediately.
After dealing with it over email, I would also send a registered letter to the customer reporting the same information and decisions, so that you have proof that you have resolved this matter in good faith and in a professional manner as soon as you detected the potential violation of the law.
Unfortunately you might have already translated a lot more than the 30% already delivered... Personally I would forget about the work spent and be happy that the matter has been resolved.
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| Good advice and good luck! | Aug 20, 2010 |
Frank
The advice from your lawyer seems to be very sensible, as does your comment "I don't think I should do either....".
I'm sure it won't be easy to contact the client in this way, so I'm glad I'm not you, but you're certainly doing the right thing.
You will have gained the respect of both your peers and potential (honest) clients.
Good luck!
| | | | Tina Vonhof (X)
Canada
Local time: 23:49
Dutch to English
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| Agree with Tomas | Aug 20, 2010 |
I totally agree with Tomas when he says:
"Personally I would do as advised by your lawyer contact (i.e. report the violation to the customer herself), return the money for the part not yet delivered, and stop translating immediately.
After dealing with it over email, I would also send a registered letter to the customer reporting the same information and decisions, so that you have proof that you have resolved this matter in good faith and in a professional manner as so... See more I totally agree with Tomas when he says:
"Personally I would do as advised by your lawyer contact (i.e. report the violation to the customer herself), return the money for the part not yet delivered, and stop translating immediately.
After dealing with it over email, I would also send a registered letter to the customer reporting the same information and decisions, so that you have proof that you have resolved this matter in good faith and in a professional manner as soon as you detected the potential violation of the law."
This is an honorable way to handle it and I don't think you have an obligation to report it to anyone, particularly not to involve the police.
I commend you for your concern about the ethical aspects of this situation and I'm sure you will make the right decision. ▲ Collapse
| | | | Amy Duncan (X)
Brazil
Local time: 02:49
Portuguese to English
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| Quite simple, really | Aug 20, 2010 |
Hi Frank,
To me it gets down to either you want or don't want to aid and abet an action that you know is dishonest, and it's clear that you don't. So, if it were me, I'd send back the money, but deep six the translation.
Good luck!
Amy
| | | | Frank van Thienen (X)
Canada
Local time: 22:49
Dutch to English
TOPIC STARTER | Act 1 scene 2 and Act 2 scene 1 | Aug 21, 2010 |
Amy Duncan wrote:
... I'd send back the money, but deep six the translation...
I wrote to my client:
- explaining what I found (i.e. 99% cut & paste, complete lack of original thought)
- quoted the wikipedia article on plagiarism
- referred to the criminal code article on copyrights
- strongly recommended that she not submit this thesis without major text revisions and adding a considerable amount of original thought
- requested that my name not be associated with the translated bit (30%) I sent previously
- I will not send the remainder of the translation and offered to return 60% of her (full) payment
- this has now become completely unacceptable to me and I consider this case closed
Client response:
- She thanks me for my honesty and says that that was exactly her intent, to start with this and to adapt the text where necessary.
- she had no intention of handing it in like this
- she asks for the remainder of the translation, promising to adapt and change.
- she (again) asks me for my confidentiality
Client follow-up response (15 minutes later)
- she's glad I warned her
- last thing she wants is gaduate through dishonesty and promises to take the time necessary to do the right thing
= = = = = = =
Now I'm a sucker for a pout, so I'm tempted to send her the translation (and I must say relief to keep the money), but is this even reasonable?
If I do this, I will certainly try to track her academic movements and jump on it if I find she's cheated.
What else can I do? Stick to my first email to her?
Frank
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| For your peace of mind... stick to your first email to the customer | Aug 21, 2010 |
Frank van Thienen wrote:
Client follow-up response (15 minutes later)
she's glad I warned her
last thing she wants is gaduate through dishonesty and promises to take the time necessary to do the right thing
OK, then let her do the right thing. Stick to your first email, return the 60% of the money, reject to do the rest of the translation, and offer to total availability to translate the thesis as soon as she has finished it.
She might "adapt" the thesis in the source text, but how the hell is she going to adapt your translation? Translating an interim thesis does not make sense at all. Let her finish it and then in due time retranslate everything.
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Frank van Thienen wrote: Amy Duncan wrote:
... I'd send back the money, but deep six the translation...
I wrote to my client:
- explaining what I found (i.e. 99% cut & paste, complete lack of original thought)
- quoted the wikipedia article on plagiarism
- referred to the criminal code article on copyrights
- strongly recommended that she not submit this thesis without major text revisions and adding a considerable amount of original thought
- requested that my name not be associated with the translated bit (30%) I sent previously
- I will not send the remainder of the translation and offered to return 60% of her (full) payment
- this has now become completely unacceptable to me and I consider this case closed
Client response:
- She thanks me for my honesty and says that that was exactly her intent, to start with this and to adapt the text where necessary.
- she had no intention of handing it in like this
- she asks for the remainder of the translation, promising to adapt and change.
- she (again) asks me for my confidentiality
Client follow-up response (15 minutes later)
- she's glad I warned her
- last thing she wants is gaduate through dishonesty and promises to take the time necessary to do the right thing
= = = = = = = Now I'm a sucker for a pout, so I'm tempted to send her the translation (and I must say relief to keep the money), but is this even reasonable? If I do this, I will certainly try to track her academic movements and jump on it if I find she's cheated. What else can I do? Stick to my first email to her? Frank
Hats off to her, that's a better excuse than I could ever hope to come up with. It's still not good enough to be believable, though.
Obviously, she had (has) every intention of cheating, otherwise she wouldn't have compiled the full thesis, only some notes and citations (while documenting the sources). And of course, nobody has their first drafts and notes translated.
Refund 60% if you offered to, and let her know you're awfully busy with other projects...
| | | | Frank van Thienen (X)
Canada
Local time: 22:49
Dutch to English
TOPIC STARTER | closing scene | Aug 21, 2010 |
I had not responded to the pout, but 8 hours later the client admitted to be on the wrong path and will start over.
She agrees to a 50% refund, which I've just transferred.
This project and our business relationship have hereby been terminated. I have not, nor will I send her the remainder of the translation.
- case closed -
Thanks everyone for your thoughts and opinions. It has been a most enlightening exercise, that I hope to never repeat.
F... See more I had not responded to the pout, but 8 hours later the client admitted to be on the wrong path and will start over.
She agrees to a 50% refund, which I've just transferred.
This project and our business relationship have hereby been terminated. I have not, nor will I send her the remainder of the translation.
- case closed -
Thanks everyone for your thoughts and opinions. It has been a most enlightening exercise, that I hope to never repeat.
Frank
[Edited at 2010-08-21 18:42 GMT] ▲ Collapse
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