As book translations are becoming increasingly popular among small publishing companies as well as self-publishing authors, it is important to understand the different contracts used in this field. Choosing the right book translation contracts can ensure the long lasting value of your investment.

When hiring a European literary translator for languages such as Italian, German and French, it’s crucial to be aware of the different laws and related contracts. This is because literary translation involves complex intellectual property rights, which vary from country to country. For instance, in some European countries, the translator is considered a co-author and has the right to claim copyright ownership over the translated work. In such cases, the translator’s compensation and recognition must be meticulously determined and negotiated.

Moreover, the translator’s contract should outline the scope of work, deadlines, payment terms, and other legal details to prevent misunderstandings and disputes between the parties.

There are several types of agreements, and they can vary depending on the country and its laws. In this article, we will focus on the contracts used in the United States and the UK as opposed to the contracts used in Europe within the EU, specifically looking at the differences between work-for-hire contracts or professional services agreements and contracts for literary translations that are compliant with Ceatl’s guidelines of 2018, UE’s directive UE 2019/790, the Berne Convention for the Protection of Literary and Artistic Works, and the specific country’s laws such as the Italian Author’s Right Law (Law 633/41 with subsequent amendments and additions).

Work-for-hire contracts or professional services agreements

Work-for-hire contracts or professional services agreements are commonly used in the United States and to some extent in the UK and are often used when the translator is hired to perform a specific task for a company or individual. According to the US Copyright Office, a work-for-hire agreement is a contract where the employer or hiring party is considered the legal author of the work created by the employee or contractor. In other words, the employer has the right to claim ownership over the work and is responsible for any copyrights and royalties. This means that the translator does not have any legal ownership over the translation and is typically paid a flat fee for the work completed.

European book translation contracts

On the other hand, in Europe, contracts for literary translations are typically based on standards set by the European Council of Literary Translators’ Associations (Ceatl), which includes guidelines established in 2018. These contracts are designed to protect the rights and interests of the translator, as they specify the terms and conditions for the translation work, as well as the rights of the translator in case of copyright issues, royalties, and credits. These types of contracts are based on the Berne Convention for the Protection of Literary and Artistic Works and the Italian Author’s Right Law (Law 633/41 with subsequent amendments and additions).

In March 2019, the European Parliament issued the Copyright Directive UE 2019/790, which updated the EU copyright laws. According to this directive, literary translators are entitled to receive adequate remuneration for their work, and they should benefit from the same rights as other authors, including copyrights. This means that translators have the right to negotiate contracts that reflect the actual value of their work and to receive fair royalties based on the sales of the translated work. Furthermore, the directive requires that literary translators receive proper recognition for their work in published translations.

The Berne Convention for the Protection of Literary and Artistic Works, as amended in September 1979, is an international treaty that sets standards for the copyright protection of literary and artistic works. It requires its signatories to provide automatic copyright protection to works that originate from other signatory countries, without the need for formal registration or notification. The copyright protection granted under the convention lasts for the life of the author plus a set number of years after their death.

Italian author’s right law and literary translators

The Italian Author’s Right Law, or Law 633/41, is the main legal framework for the protection of copyright in Italy. The law establishes the rights of authors over their original works, including literary, artistic, musical, and scientific works. It also provides for the right of authors to receive financial compensation for the use of their works, such as in reproduction, distribution, and public performance. The law has been amended and updated several times since its initial adoption in 1941.

Italian Author’s Right Law, or Law 633/41 applies to literary translations as it recognizes translation as a separate creative work that is protected by copyright. According to Article 2 of Law 633/41, translation is protected as an “original intellectual work” and the translator is considered the author of the translation.

The law explicitly states that the translator has the exclusive right to authorize the publication and distribution of the translation and to adapt or modify the translation. If someone uses the translation without the translator’s permission, they are liable for copyright infringement.

Additionally, Article 64 provides further protection by stating that any modification, adaptation, or reproduction of the translation without the translator’s authorization is strictly prohibited. The law also imposes sanctions on anyone who violates the translator’s copyright, including fines and imprisonment.

In conclusion, Italian Author’s Right Law, or Law 633/41 recognizes the creative work of literary translators and protects their copyright on their translations.

French and German laws

In France, the Loi sur la propriété littéraire et artistique (Law on literary and artistic property) provides copyright protection for literary works, including translations. Translations are considered to be original works, and therefore are protected under the law. The law also grants translators certain rights, including the right to be credited for their work and the right to receive royalties.

In Germany, the Urheberrechtsgesetz (Copyright Act) grants copyright protection to authors of original works, including literary translations. The act provides for the exclusive rights of authors, including the right to reproduce, distribute, and display their works, as well as the right to receive financial compensation for the use of their works. The law also provides for the moral rights of authors, including the right to be credited for their work and the right to object to any distortion or alteration of their work.

How to choose your book translation contracts

In conclusion, it is essential to understand the different types of book translation contracts used in literary translations. While the US and Europe have different laws and regulations regarding copyright and translations, it is important to ensure that translators receive fair compensation and proper recognition for their work. Translators should carefully review the terms and conditions of their contracts, especially when it comes to ownership, copyright, royalties, and credits. Choosing the right contract can help protect the rights and interests of both the publisher and the translator and lead to a successful and profitable project for all parties.

Thus, a hiring party should seek professional advice and ensure to comply with the applicable intellectual property laws and contractual obligations. This not only facilitates a mutually beneficial working relationship but also establishes a fair and ethical foundation for the creative process. It also prevents the risk of getting the translated book taken down from the stores in case the UE decides to sanction publications that go against their laws (not unlikely given what happened with the GDPR).

We have carefully drafted our book translation contracts in a way that ensures compliance with the Italian and European regulations as well as maximizes your return on investment. If you’d like to know more about translating your book into Italian, feel free to contact us.