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Author Topic: what is the Rights of Author and Translator under copyright law  (Read 1358 times)

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Offline maladhar

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Good Morning.
I'm a Bengali writer,More or less ten years ago I hired Tamil translator to have my book translated from Bengali to tamil.

The translation was entirely paid and both (the Translator and me) signed a Memorandum of Agreement, in which I accept to cite the Translator on the cover of the book, in all the advertising regarding the book, and in the copyright page inside the book.

 The copyright of the work was registered Under the Regfistrar of Copyrights Act as derivative work of the original Bengali book with the Translator as Author and me as Claimant of the work.

The Bengali original book and the translation are still unpublished, so I decided to publish them as soon as possible on a e-book platform.

Now: the problem is below.
During this years I did in the original work some minor correction, as character names, mistaken place names and some removed sentences.

Few minor bugs that I wish want update on the translation and that I can do by myself without jeopardize (compromise) the translation.

The questions:
1. Can I, as Claimant of the the Translation, do it without the written agreement of the Translator?

2. If not, can the Translator refuse to do it to force me to renegotiate the conditions of the original Memorandum of Agreement?

Hoping in a prompt help, I remain.
Thank you very much.

Offline advkartik

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Re: what is the Rights of Author and Translator under copyright law
« Reply #1 on: June 13, 2013, 07:36:09 PM »
your agreement will determine the changes to be made or can be made.

If your agreement restricts any type of change then you may not alter and if your agreement agrees then you can alter. You may take permission of translator and then change because otherwise translator may claim violation of agreement.

Any changes before copyright is obtained is allowed but after copyright you may not make changes.

Offline maladhar

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Re: what is the Rights of Author and Translator under copyright law
« Reply #2 on: June 13, 2013, 07:38:19 PM »
name of parties to the agreement and personal details have been removed:
rest of the agreement is given below:

**************
"The parties agree and affirm that the AUTHOR of the work [ITALIAN TITLE] and registered owner of the copyright of said work, assigns to TRANSLATOR the exclusive right to create an English translation of said work and that TRANSLATOR authored and delivered to AUTHOR the English translation of [ITALIAN TITLE] which he titled [ENGLISH TITLE].

Both parties further agree that the copyright of the Translation shall be registered by AUTHOR (Claimant) in TRANSLATOR's name (author of the translation), and TRANSLATOR hereby assigns her copyright to AUTHOR for the term of the copyright subject to the following conditions:

TRANSLATOR's name shall appear as follows on the cover and title page of the Translation (no matter what the form of publication): English Translation by TRANSLATOR;

The copyright page (no matter what the form of publication) shall contain the following notice: English Translation © [YEAR] by TRANSLATOR.

TRANSLATOR's name shall appear in all publicity and advertising copy of the work released by AUTHOR and/or the Publisher.

On publication, AUTHOR and/or the Publisher shall give six (6) free copies of the Work to TRANSLATOR.

The parties signify their acceptance of the above conditions by signing below”
***************************************
So in the agreement future changes are not mentioned...
What do I do?
Waiting for a prompt reply, I remain.

Thank You

Offline advkhanna

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Re: what is the Rights of Author and Translator under copyright law
« Reply #3 on: June 13, 2013, 07:51:48 PM »
Since future changes are not mentioned in the agreement a loophole has been left in the agreement, this subject can be contested by the Translator, if u make any changes without his prior permission.

as it is know that a creative work is subject to changes and modifications in later date in pertext of improvements as they are not mathematical calculations that 2+2=4 will be constant.

so my advice is you take his permission

 

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