Issues related to copyright for translation are often very painful for translators. One of the most unpleasant situations is the violation of your right to payment by a publisher or author you are working for. Many translators negotiate with publishers or authors by signing a contract for the job. This helps to settle all financial issues and penalties. To assist with this, we have gathered information about copyright and advice on how to ensure you receive payment for your work.
What You Need to Know About Translation and the Laws Governing Copyright
Translation is generally considered a derivative work. Although each country interprets this concept differently, there is still a widely accepted opinion that translation is a derivative object of copyright because it involves transforming the original text from one language into another.
Even though it is a derivative interpretation, translations are entitled to authorship and can be registered as original works, as translation, especially literary, requires significant creative effort, labor, and skill on the part of the translator. However, it is important to have permission from the author, company, or individual who owns the copyright for the work you are translating. This is usually specified in the form of a contract with the publisher, outlining the responsibilities of each party. In the same contract, the translator can set out the conditions for protecting their rights and payment terms.
In Ukraine, Copyright Is Legally Protected
The Law of Ukraine 'On Copyright and Related Rights' defines translation as a derivative work. According to the Law, a derivative work is considered a creative adaptation of another work that does not distort its content and meaning (Article 1 of the Law).
It is worth noting that, in addition to the proprietary right to carry out the translation, the translator must also respect the non-proprietary right of the author to the integrity of their work. This right is intended to protect the author from any distortion of their work, infringement on their creative intent, or damage to their reputation. In translation, only the external form—the language—can be altered. Artistic images, symbols, and characters must be preserved.
Generally, copyright for a work expires 70 years after the author's death. In this case, if you, for example, wish to translate Virgil's 'Aeneid' from Latin to Japanese, you can do so without worrying about violating copyright.
As a result, we conclude that the proprietary rights to a translation ordered from a translation agency will, by default, belong jointly to the client and the translation agency. If the client wishes to retain the proprietary rights solely, this should be specifically stipulated in the contract.
