When translating a text from one language to another, it’s not enough to simply change the words; you’re entering a legal terrain full of nuances commonly referred to as copyright. In addition to protecting the original author, it also involves understanding the role and rights acquired by the translator.
In the following lines, you will find a straightforward, no-nonsense explanation of what you need to know about translation and copyright. If you’re planning to publish a translated piece of content—whether literary, technical, academic, or even marketing-related—this topic is of great importance to you.
What is considered a translation for legal purposes?
Legally, a translation is considered a derivative work. It’s a reinterpretation of an original text into a different language with its own nuances, expressions, style, and context. Therefore, it’s not just a copy; it’s an intellectual creation with its own value.
Most intellectual property laws, including Spain’s, recognize that a translation is an independent work, provided it has the prior authorization of the holder of the rights to the original work.
Do I need permission to translate and publish a text?
Yes, absolutely. If the original work is still under copyright, you need permission from the holder (whether the author, the publisher, or another entity). It’s not enough to clarify that the translation is “unofficial” or that there’s no profit motive; doing so without authorization can be considered infringement.
Moreover, this permission must be explicit and in writing. In the editorial field, it’s common to sign a translation rights agreement.
Who holds the rights to the translation?
Once the necessary authorization is obtained, the translation becomes protected as an independent work, with its own author: the translator. This means that, even though the translator is not the creator of the original work, they hold moral and economic rights over their work.
Translator’s Rights:
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Recognition of authorship (moral right).
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The ability to negotiate publication, exploitation, and usage conditions.
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The right to oppose unauthorized modifications to their translation.
In summary, translating is not just providing a service; it’s also creating a work with its own legal weight.
What if the original work is in the public domain?
When a work enters the public domain (typically 70 years after the author’s death), no authorization is required to translate it. However, the translation you produce is still protected as a new intellectual creation.
In other words, the original work may be free, but your translation is not. Its use must still respect the rights of the translator.
What happens with technical texts, websites, or marketing content?
Copyright doesn’t only apply to novels or literary works. It also extends to websites, catalogs, advertising campaigns, technical manuals, corporate documentation, etc.
In these cases:
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The original text remains protected.
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Translation requires permission if it’s going to be publicly distributed.
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The translator must be credited as the author of the translated version.
So, if you’re thinking of translating a website, an app, or any business material, it’s best to confirm that everything complies with the law.
What should a translation contract with rights transfer include?
To avoid misunderstandings, it’s highly recommended to have everything in writing. A translation contract should cover, among other things, the following aspects:
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Identification of the original work and the target language.
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Deadlines and delivery conditions.
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Transfer (or not) of economic rights.
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Allowed uses of the translation (print, web, audiovisual, etc.).
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Remuneration and economic conditions.
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Explicit recognition of the translator as the author of the derivative work.
Such agreements not only protect the client but also safeguard the translator against misuse of their work.
What happens if translation rights are violated?
The consequences can range from financial claims to legal sanctions or lawsuits for intellectual property infringement. Both the translator and the entity publishing the translated work bear some responsibility if they don’t have the proper rights.
In summary, it’s crucial to ensure that:
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You have the original holder’s authorization.
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The translation is done in compliance with the law.
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The contract with the translator clarifies whether or not there’s a transfer of rights.
Conclusion: translating is not just translating
Translation is a talent, a skill… and it also carries legal responsibility. Whether you’re working as a translator or planning to publish a translated work, understanding copyright issues is essential for professionalism and avoiding legal trouble.
And remember: each translation is a new work, with the same legal respect as any other original creation.
Want to take this step with confidence?
At EJB Traducciones, we don’t just handle translation; we also assist with contracts, rights transfers, and international publications. Contact us whenever you’re ready, and we’ll guide you through the entire process.