Guidelines for fair translations contracts
Why are they necessary?
Building on the “Hexalogue” adopted by CEATL in 2011, the following guidelines are meant to serve as a tool for establishing good practices in the literary translation sector. Such good practices will benefit everyone in the publishing industry (translators, publishers, original authors) by enhancing the quality of literary translations. To this end, it is essential to create fair terms, a balanced relationship, and good material and moral working conditions for translators.
Note: It is imperative that a contract be established between translator and publisher before the translator starts working. Such a contract should be:
In written form
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Based on contracts
Based on “typical” contracts where they exist and/or on standard contracts negotiated between translators’ and publishers’ associations, as the rules underlying these contracts ensure both parties basic rights and limit the effects of disproportionate contractual power between them
Consensual
Basic rights and limit the effects of disproportionate contractual power between them; established after negotiations in good faith to meet the parties’ specific needs on a case-by-case basis.
Licensing of rights, obligations of the publisher
The licensing or transfer of rights shall be limited to a specific print run and/or in time. If a translator does not receive royalties, the licensing of rights shall have a shorter duration.
- The rights transferred and the conditions under which they are transferred should be subject to negotiation. The contract must not call for the summary transfer of all rights and the scope of the licensing shall be detailed (each licensed right shall be mentioned in the contract). Further, the contract should not include the transfer of the right to exploit the work through technologies that do not yet exist nor any future rights that may be granted later by legislation.
- As a general rule, the licensing of rights for the use of the translation should be subject to the restrictions and duration of the licensed rights of the original work to the publisher. In any case, the maximum duration should not exceed 10 years. The contract should contain a reversion clause, such as: “If at any time the rights to the work revert to the author, then the rights to the translation shall at the same time automatically revert to the translator.”
- The publisher shall be obliged to publish the work within a specified period, for example: “The publisher shall publish the translation within the period stipulated in the contract, and no later than two years after delivery of the manuscript.” (Hexalogue, #4)
Moral rights
The Berne Convention (https://www NULL.wipo NULL.int/treaties/en/ip/berne/summary_berne NULL.html) grants authors inalienable moral rights, the most important of which are the right of attribution and the right of integrity:
Right of attribution
The right to be recognised as the author of one’s work: “As author of the translation, the translator shall be named wherever the original author is named” (Hexalogue, #6). If a publisher sells a license to the translation, the licensee must be obliged by the license agreement to name the translator in the same way as the licensor.
Right of integrity
The contract must respect the translator’s right of integrity, so no changes shall be made without the translator’s knowledge and approval. The translator has the right to object to any distortion, mutilation or other modification of his/her work that would be detrimental to the work or to the professional reputation of the translator. The translator’s right of integrity should be asserted with a clause stating, for example, that “the publisher shall not make any alteration to the translation without the consent of the translator”. The contract must therefore provide for an editing and proofreading process that respects the translators’ legal right to be informed of and be able to verify any change made to the translation. The translator will receive from the publisher the final text for approval before its publication and will assess in good faith any change made, which will foster a collaborative editing process. In case the subject of the translation requires a review by a professional in the field, who may make relevant changes and/or integrations, the contract must contain provisions to ensure collaboration between the translator and the said technical reviewer in order to respect the role and the rights of both.
Remuneration
The remuneration (basic fee plus royalties) shall be subject to negotiation, taking into account all relevant factors including the length and difficulty of the translation, experience of the translator, whether the translation project was initiated by the translator, expected sales of the book (in the case of bestsellers) etc.
Basic fee
The right to be recognised as the author of one’s work: “As author of the translation, the translator shall be named wherever the original author is named” (Hexalogue, #6). If a publisher sells a license to the translation, the licensee must be obliged by the license agreement to name the translator in the same way as the licensor.
No extra work shall be asked for free from the translator
The right to be recognised as the author of one’s work: “As author of the translation, the translator shall be named wherever the original author is named” (Hexalogue, #6). If a publisher sells a license to the translation, the licensee must be obliged by the license agreement to name the translator in the same way as the licensor.
No exploitation of the work without remuneration
The right to be recognised as the author of one’s work: “As author of the translation, the translator shall be named wherever the original author is named” (Hexalogue, #6). If a publisher sells a license to the translation, the licensee must be obliged by the license agreement to name the translator in the same way as the licensor.
Terms of payment
The right to be recognised as the author of one’s work: “As author of the translation, the translator shall be named wherever the original author is named” (Hexalogue, #6). If a publisher sells a license to the translation, the licensee must be obliged by the license agreement to name the translator in the same way as the licensor.
Royalties and secondary uses
The right to be recognised as the author of one’s work: “As author of the translation, the translator shall be named wherever the original author is named” (Hexalogue, #6). If a publisher sells a license to the translation, the licensee must be obliged by the license agreement to name the translator in the same way as the licensor.