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Client publishes translation without paying for it
Thread poster: Jennifer Richmond
Jennifer Richmond
Jennifer Richmond  Identity Verified
Norway
Local time: 19:40
Member (2018)
Spanish to German
+ ...
TOPIC STARTER
Amazon pre-order Feb 6, 2021

[quote]Lingua 5B wrote:


Perhaps the book was a best seller in the original, source language. Usually bestsellers are being translated into other languages. Less popular books don’t.

Maybe the book in German or on DE Amazon will be released on the 15th.[Edited at 2021-02-06 17:44 GMT]



The book is available through pre-order and seems to do well enough.


Question: Was this project carried out directly with the author or through an agent?

[Edited at 2021-02-06 17:44 GMT]


I translated directly for the author.


 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 18:40
Danish to English
+ ...
Excellent time to stop it Feb 6, 2021

[quote]Jennifer Richmond wrote:

Lingua 5B wrote:

The book is available through pre-order and seems to do well enough.

I translated directly for the author.


Excellent time to stop it, before anything is shipped or downloaded. Don't wait. You can't just let people steal your work and then sell it.


Kuochoe Nikoi-Kotei
Sheila Wilson
Nikki Scott-Despaigne
 
Sadek_A
Sadek_A  Identity Verified
Local time: 22:40
English to Arabic
+ ...
..... Feb 6, 2021

Samuel Murray wrote:
I disagree with all three of these statements.

1. "Likely"! So, you are not 100% sure, but still you think it is better without giving a firm confirmation.
2. She has that disciplined, balanced legal wording now. And can get more upon consulting with her lawyer, if so she chooses.
3. COULD (as in: if and when they publish the unpaid material, as well as if and when a favorable sentence is ultimately delivered by the judge), as opposed to WILL (as in: you will definitely publish, and the judge will definitely deliver such a sentence). COULD is the disciplined, balanced wording, as the whole scenario is yet to happen.

Samuel Murray wrote:
if you buy a chair, then the chair is yours even if you haven't fully paid for it yet.

Legal concept: Repossession for non-payment!


 
Lingua 5B
Lingua 5B  Identity Verified
Bosnia and Herzegovina
Local time: 19:40
Member (2009)
English to Croatian
+ ...
It goes beyond debt. Feb 6, 2021

It’s a theft and used for direct commercial purpose and gain.

React quickly, describe to Amazon support your fears and ask them for a few page sample from the book to verify it’s your translation indeed.


Thomas T. Frost
Sheila Wilson
Thayenga
 
Nikki Scott-Despaigne
Nikki Scott-Despaigne  Identity Verified
Local time: 19:40
French to English
Partial payment Feb 7, 2021

I suspect that the work has to be paid for in full before any or all of your translation can be used.
I don't think paying for half of the work, for example, entitles a client to use half of your work.
In most legal systems, non-payment or incomplete payment is a breach of a fundamental contractual term.
So stick to your guns and keep us posted with your progress.


Jessica Noyes
Sheila Wilson
Yaotl Altan
 
Michael Newton
Michael Newton  Identity Verified
United States
Local time: 14:40
Japanese to English
+ ...
Non-payment Feb 7, 2021

Once this issue is sorted, you might want to reconsider working for Upwork (the philosophy seems to be "Up Yours").

Tom in London
 
Jennifer Richmond
Jennifer Richmond  Identity Verified
Norway
Local time: 19:40
Member (2018)
Spanish to German
+ ...
TOPIC STARTER
Misunderstanding Feb 7, 2021

Michael Newton wrote:

Once this issue is sorted, you might want to reconsider working for Upwork (the philosophy seems to be "Up Yours").


I do not work FOR Upwork but went I started working as a freelancer I found several good leads and make 2/3 of my income there. The good thing is that clients need to fund the agreed price before they get the work. Since it was not the first I worked for this client i trusted her pay the missing funds once she received the translation.


 
Jennifer Richmond
Jennifer Richmond  Identity Verified
Norway
Local time: 19:40
Member (2018)
Spanish to German
+ ...
TOPIC STARTER
Upwork ToS Feb 7, 2021

Nikki Scott-Despaigne wrote:

I suspect that the work has to be paid for in full before any or all of your translation can be used.
I don't think paying for half of the work, for example, entitles a client to use half of your work.
In most legal systems, non-payment or incomplete payment is a breach of a fundamental contractual term.
So stick to your guns and keep us posted with your progress.


The Upwork ToS which apply for this translation state:
Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof.

Since I did not receive the full payment, I still own the part of the translation that has not been paid for.

I contacted Amazon and need to send more information for them to have a look into the case.


Kay Denney
 
Nikki Scott-Despaigne
Nikki Scott-Despaigne  Identity Verified
Local time: 19:40
French to English
Full payment = ownership; part payment = zero ownership? Feb 8, 2021

Jennifer Richmond wrote:

The Upwork ToS which apply for this translation state:
Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof.



Thank you for providing this extract of the ToS.
My understanding of the above is that full payment is the sole condition upon which intellectual property rights pass.
How can partial payment mean partial ownership here? In such circumstances, can part of the translation belong you and part to the client? Which part belongs to whom?

I think it is quite possible that partial payment means zero ownership.


Helen Shiner
 
Jennifer Richmond
Jennifer Richmond  Identity Verified
Norway
Local time: 19:40
Member (2018)
Spanish to German
+ ...
TOPIC STARTER
Finally got paid Feb 15, 2021

After some pressure from Amazon and Upwork I received my payment.

From what I have been told it was something the VA messed up before getting fired...


Thomas T. Frost
Dan Lucas
Rachel Waddington
Jean Dimitriadis
Kay Denney
Peter Shortall
Kuochoe Nikoi-Kotei
 
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Client publishes translation without paying for it







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