Agreement to Translate and Publish a Book

If the translation is only available in print on demand and/or e-book and sales in the previous 12 months have been less than [XX copies], provided that the advance has been obtained or that more than three years have elapsed since the first publication (the first being retained), the translator may terminate this Agreement with one month`s notice. What is now available is an edition of the Model Commercial Book Contract, which has been updated in 2020. Some of its provisions, the Guild says: This Agreement is signed on [date] between [name of translator] (hereinafter the “Translator”), whose address is [address of translator], and [name of publisher] (hereinafter the “Publisher”) via an English translation (hereinafter the “Translation”) of [title of the original work] (hereinafter the “Work”) by [name of author] (hereinafter the “author”) of [name of language] into English (hereinafter the “Translation”) by [name of author] (hereinafter the “Author”) in English (hereinafter the “translation”) completed. is currently entitled [working title]. What the Authors Guild`s Standard Literary Translation Contract makes clear is that the industry standard in Section 11 does not agree with such tactics by publishers and that full coverage of translators should be codified in their contracts. “If a credit clause doesn`t appear in your agreement, ask your publisher to include one with specific instructions on where and how the loan will appear. We also encourage translators to request a clause that says, “The translator`s name will also appear in all promotional materials.” So what do you do if you want to submit a sample to a publisher or for a competition and the submission guidelines ask you to prove that you have “permission to translate the work”? Well, you will be asked to do the impossible – it only means that whoever wrote these instructions does not really understand the legal status of translation rights. In such cases, I recommend that you provide documentation that the rights are available and ensure that the person to whom you submit the work will be happy to help you negotiate the rights. To get this documentation, write to the rights holder (check the copyright notice in the book to see who it is) and simply ask if the English translation rights are available. And since copyright owners of a work usually strive to sell translation rights, you should get an answer. If it is a publisher who owns the rights, you should be able to find the contact details online, and if the rights are with the author, you can usually write to the publisher`s author`s medium and the letter or email will be forwarded.

Sometimes a follow-up call is required. If you do not receive a response in several weeks and you are about to miss the deadline for the contest, etc. and have carefully checked that no previous English translation of the work in question has been published, as a last resort you can always add a note indicating who owns the copyright and say that to the best of your knowledge and belief, translation rights are available, but that despite requests to [specify date], you have not been able to obtain formal confirmation of this. Not ideal, but better than nothing, and if you`re lucky, that will be enough to prevent them from being kicked out of a contest due to a lack of documentation. In the case of Falkner`s short story, an online search of the book reveals that the original publisher, Berlin Verlag, is now part of the German publishing conglomerate Piper, which provides contact information for employees of its foreign law department on its website (in English, the language of international publication). You may write in English or, as a courtesy and to demonstrate your proficiency, in the language in question. In fact, it`s not that difficult once you get the hang of it. And as soon as you present yourself as a translator interested in translating a particular work that has not yet been sold to an English-speaking publisher, most foreign-language publishers will see you as an ally in their mission to distribute the works of their authors worldwide. “We hope that publishers will pay attention to their terms or adopt them when they create their own [terms], and we want authors around the world to have access to them so that they can understand the terms and issues they need to be aware of before signing a book contract.

Publishers and literary agents will find that this publication of the translation contract and basic book contract templates examines what their own professional lawyers and legal advisors should look like in their businesses. The guild has about 10,000 to 11,000 members writers, translators, journalists and others. By being outside the paywall, these model contracts are now freely accessible to all. 14. The Publisher will inform and make available to the Translator for purchase all unsold books at the cost of production or below the cost of production (defined as paper, printing and binding costs). The entrance to the Feltrinelli bookshop in Rome`s Alberto Sordi Galleria in Via del Corso. Image – iStockphoto: Cineberg Some of the recommendations in our translation contract template require minimal changes to standard publishers` contracts that many translators may be able to obtain. Other terms can be difficult to obtain from publishers, but are still worth asking for. In some places, our commentary proposes a number of alternative positions and describes the probability of achieving each of them.

Our advice is to identify the regulations that are most important to you and focus on them. As far as I know, translation rights must be acquired as long as an entire work is printed (even if it is only one poem). Whether a foreign rights holder would bother to take legal action against a journal that infringes copyright with such insignificant financial consequences is another question. In my experience, foreign publishers regularly grant magazines unique translation rights for short texts like this, either for free or only for a fairly modest symbolic sum. In short, you can get away with breaking the law here, but technically, I believe permission is necessary, and it`s usually cheap to come. “Given this situation, we have explored various ways to make life and career easier for professional writers,” Rasenberger explains, “which is why the Authors` Guild Council recently voted to remove the model commercial book contract behind our member paywall and make it freely accessible to all authors, publishers, and anyone interested in book contracts. One thing we`ve touched on several times here at Publishing Perspectives is the recognition of translators. Many publishers refuse to mention translators on the covers of translated books because they think consumers will be reluctant to work when they realize it is translated. Instead of promoting international literature by clearly announcing the valuable work of a translator, some publishers try to hide their presence so as not to “scare” readers who might think they won`t like material from another culture.

Julia Sanches is a translator, a member of the Council of the Authors` Guild and leader of a newly founded group of translators at the Guild. Commenting on the publication of the translation contract, Sanches said: “Translators are often overlooked when it comes to the US publishing industry, which are not considered authors or publishers. 8. The Translator warrants to the Publisher that, to the best of its knowledge, no defamatory or defamatory material will be introduced into the Translation by the Translator that was not present in the original work; that the Translator has every right to enter into this Agreement; and that the translation is original for the translator. The Translator undertakes to indemnify the Publisher against any final judgment establishing that the Translator has breached any of the above guarantees. The Publisher undertakes to indemnify and hold harmless the Translator from and against any and all claims, legal claims, causes of action and any related costs or costs of any kind, including attorneys` fees incurred if such claims, claims or causes of action arise from the content of the original work or the Publisher`s right to have the work translated. The Publisher undertakes to include the translator as insured in any civil liability insurance applicable to the work. Article 11 on the translator`s name states: “The publisher undertakes to mention the translator both on the cover and on the first page of the translation and requires each of its sub-licensees to do the same. The name of the translator also appears in all advertising media to be translated (catalogues, advertisements, website, etc.) and, in general, wherever the author`s name appears. 10.

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