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Get back copyrights!

Ace Contributor
Carolay M Member Since: Oct 22, 2017
1 of 7

So, very technical and simple question: If a person gives all the money back to the client who paid her, could that person recover the copyrights of her translations? I mean, is that legally possible? Is that how it works?

Community Guru
Petra R Member Since: Aug 3, 2011
2 of 7

@Carolay M wrote:

So, very technical and simple question: If a person gives all the money back to the client who paid her, could that person recover the copyrights of her translations? I mean, is that legally possible? Is that how it works?


 It is not as simple as that. Translators don't usually have any copyright at all (they did not WRITE the piece) and also once a contract has been concluded unilaterally refunding does not just transfer any rights anyway.

 

 

Ace Contributor
Carolay M Member Since: Oct 22, 2017
3 of 7

Well, as far as I know, a translation is not a copy, since the information is written in a different language... So the freelancer wrote that new piece of text. The client is the owner of the original text but the one who wrote the translation should be the owner of such document, at least that's what I thought but I'm not sure. That's why I'm doing some research. 

Community Guru
Petra R Member Since: Aug 3, 2011
4 of 7

@Carolay M wrote:

Well, as far as I know, a translation is not a copy, since the information is written in a different language... So the freelancer wrote that new piece of text. The client is the owner of the original text but the one who wrote the translation should be the owner of such document, at least that's what I thought but I'm not sure. That's why I'm doing some research. 


You "thought" wrong. A translation is never an original work. A WRITER owns the rights. Copyright does not transfer to a translator. Even if your idea was correct (and usually it is not) - unilaterally refunding would not transfer ownership. You may need to hire an international copyright lawyer to figure this one out. They come at a few hundreds of Dollars an hour.

 

 

 

Active Member
Samson C Member Since: Nov 20, 2017
5 of 7

Translations is in any means particularly when "it involves considerable creative effort, labour and skill on the part of the translator can be registered as an original work. However, it is crucial to have permission from the author, company, or individual that owns the copyright of the work you are translating."-(Source: bookwormtranslations.com/copyright-law-and-translation-what-you-need-to-know)

 

But the moment that you did the translation without prior permission from the author, company or individual that own the copyright of the original transcript, you can never claim your copyright on it. Then the you don't have the righ to recover your work since you are just paid for the effort of the translating not with the copyright.

 

Thanks! Hope could help!

Community Guru
Petra R Member Since: Aug 3, 2011
6 of 7

Samson, this does not apply for "work for hire" situations at all, which is what Upwork is. With payment all rights (unless otherwise agreed in advance) pass to the client.

 

Unilaterally refunding does not reverse that.

 

Active Member
Samson C Member Since: Nov 20, 2017
7 of 7

Yes! You are right with that Maam. In Upwork we are just paid by the task we do but not with the copyright thing. Anyways, there is no copyright thing exist when the purpose of the client is just to let the freelancer do the translation.

 

Thanks!

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