Poll: Is there always a valid transfer of copyright when you deliver audiovisual translation? 论题张贴者: ProZ.com Staff
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This forum topic is for the discussion of the poll question "Is there always a valid transfer of copyright when you deliver audiovisual translation?".
This poll was originally submitted by AlbaLTD. View the poll results »
| | | | Edward Potter 
西班牙
Local time: 18:19
正式会员 (自2003)
Spanish西班牙语译成English英语
+ ...
(I don't know)
Barely even know what they are talking about. Don't do much audiovisual translation anyway.
Peace out.
| | | | Elke Fehling
Local time: 18:19
正式会员 (自2005)
English英语译成German德语
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| AlbaLTD
俄罗斯联邦
Local time: 19:19
English英语译成Russian俄语
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We are doing a study on this topic aimed at determining the situation with copyright in multimedia/audiovisual translation, sector where this issue is obviously more important than in other areas. A translation is protected by copyright as any other original creative work and this copyright protection is separate from copyright in the original work (can be owned by different people and transferred independently). What we want to find out is the proportion of translators who understand that they ... See more We are doing a study on this topic aimed at determining the situation with copyright in multimedia/audiovisual translation, sector where this issue is obviously more important than in other areas. A translation is protected by copyright as any other original creative work and this copyright protection is separate from copyright in the original work (can be owned by different people and transferred independently). What we want to find out is the proportion of translators who understand that they have copyright in the translation and realize how they transfer it to their clients. This is a very important risk for the end clients (game/film makers), who can face legal claims from translators for violation of copyright if these rights were not transferred properly at some point in the localization "chain". ▲ Collapse
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| The statement of the problem is somewhat dubious | Apr 28, 2021 |
We are doing a study on this topic aimed at determining the situation with copyright in multimedia/audiovisual translation, sector where this issue is obviously more important than in other areas.
"Obviously more important" doesn't seem so obvious except that audiovisual production typically costs more than pure text and tends to attract highly litigious folks such as MPAA, so except for a bigger scale of potential lawsuits, it doesn't seem any more important. Certainly not from the purely moral standpoint.
Now, since you are based in the Russian Federation, it makes sense to mention that copyright and авторские права (author's rights) are not the same. The two concepts originate from different legal systems, and even when carefully reconciled, the former is only a subset of the latter. This distinction is further complicated by the audiovisual production environment itself, where creative staff are numerous and work for hire is often involved. A good explanation of the differences is provided here. With all that in mind, your issue needs to be reformulated in more specific terms and addressed to a specific legal system (or to each of the systems individually).
[Edited at 2021-04-28 10:57 GMT]
| | | | Sadek_A
Local time: 20:19
English英语译成Arabic阿拉伯语
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AlbaLTD wrote:
We are doing a study on this topic
Without them [your client] having your specific written waiver, you still have rights over the translation.
And, without a decent/rewarding remuneration, they wouldn't get that waiver.
Ipso facto, their good money to you is short for 'their copyright' by you.
Just like, say, a 100K$ car where you paid, say, 500$ a month for a year. That didn't make the car your property, it however made it your lease where the lessor still had rights over it. But, if you've paid those 100K$ or a very close amount, it can't be considered a lease.
I totally get your point on "sector where this issue is obviously more important than in other areas". Even if severely underpaid, a translator won't go through the hassle of contesting copyright of a social message between 2 young love birds, of a PoA by A to B to sell the former's used car for fulfillment of a debt, etc.; however, that same severely-underpaid translator won't hesitate to do so over a media material (a TV series, for instance) that is winning the broadcaster a lot of money and recognition. The same is valid with dubbing.
To sum up, the wisdom is: hire well, pay well, get waiver, all is set and everybody is happy, including the legal system.
| | | | AlbaLTD
俄罗斯联邦
Local time: 19:19
English英语译成Russian俄语
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With all that in mind, your issue needs to be reformulated in more specific terms and addressed to a specific legal system (or to each of the systems individually).
Protection of copyright is of course not the same all over the world. Most European countries (including Germany, France, Russia, or Czech Republic) follow the principle of Roman law, which is that only a natural person(s) can create a work. In USA and other countries that borrowed principles of copyright from UK, in the case of a work made for hire, the employer or other person for whom the work was prepared is initially considered the author and owns all of the rights comprised in the copyright.
Still minimum standards of copyright protection are secured identically by international treaties in most countries across the world.
The purpose of this poll was not to discuss legal issues, but to understand if translators realize or not that they have copyright/author's rights and that those rights can not be transferred to someone else without an agreement (even in the case of a work made for hire in USA/UK legislation).
| | | | | I don't know | May 18, 2021 |
But more important, I don't do audiovisual translation because I'm deaf.
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jyuan_us
美国
Local time: 12:19
正式会员 (自2005)
English英语译成Chinese汉语
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| Does the translator hold the copyright in the fist place? | May 19, 2021 |
I think the premise for the discussion is the claim that the translator does hold the copyright for the target language copy. However, is there any Legal base for that claim?
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