Is it copyright infringement to translate published works?
Thread poster: Carlos Pietri (X)
Carlos Pietri (X)
Carlos Pietri (X)  Identity Verified
United States
Local time: 08:10
English to Spanish
+ ...
Sep 3, 2016

So I'm not sure if I am posting this question on the right forum, but here goes. I was contacted by a potential client asking if I was available to do some translations. When I asked for more information about the subject matter and such, he sent me a copy of two documents and asked for a quote on each. I told this potential client I would review the documents and get back to them. In reviewing them, I found both of them are already published articles on two different university websites. T... See more
So I'm not sure if I am posting this question on the right forum, but here goes. I was contacted by a potential client asking if I was available to do some translations. When I asked for more information about the subject matter and such, he sent me a copy of two documents and asked for a quote on each. I told this potential client I would review the documents and get back to them. In reviewing them, I found both of them are already published articles on two different university websites. The documents he sent made no reference to any of the original authors or the universities where they are published.

All I have for this potential client is a name and an address, but there is no business name and the email looks to be a personal email address. When I did a search for the person's name, I could not find anything and the address on the email is an office building but there is no suite number given. At first, I was thinking I would ask for a 25% deposit before starting the translation, another 25% halfway through, and the final 50% upon completion. Now that I found both documents are published articles, I am seriously questioning the validity of this request. The more I think about it, the more I think this is a scam.

Regardless of whether I do this translation or not (almost certainly not), I am still curious about the legality of translating a published article if the request is not coming from the author. In the future, how can I make sure that the person requesting a translation has the legal right to do so?
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Soonthon LUPKITARO(Ph.D.)
Soonthon LUPKITARO(Ph.D.)  Identity Verified
Thailand
Local time: 19:10
English to Thai
+ ...
WIPO Copyright Treaty (WCT) Sep 4, 2016

Carlos Pietri wrote:

All I have for this potential client is a name and an address, but there is no business name and the email looks to be a personal email address. When I did a search for the person's name, I could not find anything and the address on the email is an office building but there is no suite number given. At first, I was thinking I would ask for a 25% deposit before starting the translation, another 25% halfway through, and the final 50% upon completion. Now that I found both documents are published articles, I am seriously questioning the validity of this request. The more I think about it, the more I think this is a scam.

Regardless of whether I do this translation or not (almost certainly not), I am still curious about the legality of translating a published article if the request is not coming from the author. In the future, how can I make sure that the person requesting a translation has the legal right to do so?


I insist that translators need to understand the copyrights laws and treaty fully since they directly affect the job obligations and rights/benefits nowadays. Copyrights laws of many countries comply with the WIPO treaty, that is, permission of the copyright holder is required to translated published works. Copyright of translation is held by the authorized translator, or the employer, depending on job conditions.

Soonthon L.


 
Jessica Noyes
Jessica Noyes  Identity Verified
United States
Local time: 08:10
Member
Spanish to English
+ ...
Possible scam? Sep 4, 2016

This has two earmarks of a common scam. One is the anonymity of your client. Another is the type of job they are sugggesting--a translation of random academic papers. The third indicator would be their insisting on paying you by fraudulent check up front (and later asking you to refund the "overpayment" to them)---Of course, this could also be someone wanting to publish someone else's paper in their language under their own name, but planning to pay you fair and square for your efforts.

 
Lianne van de Ven
Lianne van de Ven  Identity Verified
United States
Local time: 08:10
Member (2008)
English to Dutch
+ ...
Two problems Sep 4, 2016

I think you bring up two different issues at once.
1) You have been handed texts that are stripped from identifying information. You were able to find this out because you found the articles published, with identifying information. Plagiarism might be involved.
2) The person who contacted you seems obscure: no identifying information except for a name and address (no phone number), no online name presence. You might be dealing with a scammer.

1) It is not illegal to tran
... See more
I think you bring up two different issues at once.
1) You have been handed texts that are stripped from identifying information. You were able to find this out because you found the articles published, with identifying information. Plagiarism might be involved.
2) The person who contacted you seems obscure: no identifying information except for a name and address (no phone number), no online name presence. You might be dealing with a scammer.

1) It is not illegal to translate any text for private purposes or internal use. I also can't imagine it is illegal to translate a text for a private person. This person might be someone who is willing to pay for well-translated texts on a topic of interest.

It is a bit odd to remove identifying information after work was made publicly available, but maybe the person thinks you won't do research or won't ask any questions and doesn't want to submit text with someone else's name on it.

It is, however, illegal to publish a translation of a text without permission from the original author, or worse of course, to pretend in another language that you are the original author (i.e. plagiarism). In neither case would you be publishing the text. In reality you might be involved in a project with illegal intentions.

A useful text:
http://en.flossmanuals.net/open-translation-tools/ch057_machine-translation-and-copyright/

2) Gathering verifyable information about a potential client is sometimes difficult but essential. I have seen more than one obscure person doing business from big multi-million office buildings that were for sale. When I can't find enough evidence of someone's credentials, I ask for a phone number and express my desire to discuss the assignment over the phone. I have yet to speak with the first scammer in person.

If it gets to a phone conversation, I would ask about the purpose of the translation of the published articles. If the client says it is for private use, I would go by what your gut tells you (credible; will (s)he pay?). If the translated articles are going to be published, I would ask about permission from the author, but not necessarily insist.

Bottomline, I would not translate for someone who I feel is going to commit plagiarism or who is not going to pay me for my work. Otherwise I think you are, apart from assuring your own quality (e.g. using an editor/proofreader), actually okay.

[Edited at 2016-09-04 13:03 GMT]
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Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 13:10
Member (2006)
English to Afrikaans
+ ...
IANAL, but... Sep 4, 2016

Carlos Pietri wrote:
Regardless of whether I do this translation or not (almost certainly not), I am still curious about the legality of translating a published article if the request is not coming from the author.


The translator does not need permission from a work's copyright holder to translate that text, even if the translator is paid for the translation. Also, the translator's client does not need permission from the copyright holder to commission the translation. Whether or not the translator's client can legally distribute the translation (i.e. publish it) or use parts of it in another work, depends on the laws of the country where the client is situated and on any arrangements the client has with the copyright holder or its representatives.

If the client uses the translation to break the law, the translator is blameless... unless perhaps if the translator knew of or suspected the client's intentions. But you have no cause to suspect that. All the things you mention appear to normal and above board.

In the future, how can I make sure that the person requesting a translation has the legal right to do so?


Well, you don't have the resources to "make sure", but you can at any time during the translation ask the client (even if you're halfway through the translation already). Tell the client that you found that the text already exist as a published work and ask him what he wants to use the translation for.

Remind him (or: inform him) that he needs permission from the copyright holder of the original text if he wants to publish the translation or use it in any way that is not covered by fair usage principles.


 
Catherine Howard
Catherine Howard
United States
Local time: 08:10
Portuguese to English
+ ...
scams, copyrights, laws, and ethics Sep 4, 2016

1. Soonthon is absolutely correct to insist that translators become familiar with the basics of copyright regulations in international law and the law of their own country. This is part of being a professional translator.


2. The letter you received is absolutely and positively a scam. You obviously had the good sense to do some background research, but there are plenty of other warning signs that should erase any doubt from your mind. Every text I have ever received in scam r
... See more
1. Soonthon is absolutely correct to insist that translators become familiar with the basics of copyright regulations in international law and the law of their own country. This is part of being a professional translator.


2. The letter you received is absolutely and positively a scam. You obviously had the good sense to do some background research, but there are plenty of other warning signs that should erase any doubt from your mind. Every text I have ever received in scam requests deals with some noble cause or academic topic, but these requests never follow the conventions used for such translations or provide the usual context. We translators also must become familiar with the basics of recognizing scams. A good place to start is Proz's own Scam Alert Center: http://www.proz.com/about/translator-scam-alerts/ or the Translator Scammers Directory: http://www.translator-scammers.com/


3. Some commenters above suggested that the request to translate those two articles is not illegal. They are wrong, for at least two fundamental reasons:

(1) the requester copied the entirety of the texts of the two articles and sent them to you; this is a violation of Fair Use laws, which state that only brief excerpts may be cited verbatim and distributed or published.

(2) the requester removed the authors' names and publication information from the articles and sent them to you as if he had the right to request a translation; this is misrepresentation of another person's intellectual property rights.


4. Even if the request were not illegal, the dodge that somehow the translator is not responsible for making sure that the author, publisher, or other copyright holder gave permission for the translation to be done is unacceptable. Translation rights are an essential part of copyright law and an increasingly valuable resource for publishers in this day and age of falling sales revenues. To pretend that the translator is off the hook from ensuring that such rights are respected by using some pretense such as, well, maybe it's for private use, is disingenuous. The requester already obliterated the original authors' names and publication data; what other evidence is needed that something corrupt is going on?

Just because something may not be illegal does not mean it is not unethical. Part of being a professional means being ethical as well as legal in our actions.




[Edited at 2016-09-05 01:13 GMT]
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Carlos Pietri (X)
Carlos Pietri (X)  Identity Verified
United States
Local time: 08:10
English to Spanish
+ ...
TOPIC STARTER
Thank you Sep 4, 2016

I want to thank everyone for their input in this matter. I will certainly be doing some research on copyright laws (international and local), in order to familiarize myself with what I can or cannot do. As for the request in question, I will not be accepting the job. There are too many red flags for my comfort.

Thanks again!


 


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Is it copyright infringement to translate published works?







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