Translating a web-based course for a percentage on course sales? Thread poster: Aymeric de Poyen
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Hello,
I would like to offer a US-based for-profit learning institution to translate one of their online courses into French. Since the idea is mine, I'd like to spare them any initial investment in the form of a per-word rate, which they would probably decline. Instead, I'd like to get a percentage on the registration fees payed by students when they buy this course.
My first question is: what would you call this system of getting a percentage on the sales? Is this so... See more Hello,
I would like to offer a US-based for-profit learning institution to translate one of their online courses into French. Since the idea is mine, I'd like to spare them any initial investment in the form of a per-word rate, which they would probably decline. Instead, I'd like to get a percentage on the registration fees payed by students when they buy this course.
My first question is: what would you call this system of getting a percentage on the sales? Is this some form of royalty? I confess my complete ignorance on the matter.
Second: is there specific U.S. legislation governing this type of business arrangement that I should be aware of, in your experience?
Thanks! ▲ Collapse
| | | | Thayenga 
Germany
Local time: 07:38
Member (2009)
English to German
+ ...
| Very unlikely | May 23, 2021 |
That they would actually agree to giving you a percentage of their registration fees is extremely unlikely. If their classes sell in the hundreds or even thousands, then you would make a lot of money.
Yes, this form of payment could be compared to royalties. Again, they will most probably not agree to paying you an unknown amount for your services, especially not if these royalties would be for an X.number of years.
If they are interested in your services, then offer t... See more That they would actually agree to giving you a percentage of their registration fees is extremely unlikely. If their classes sell in the hundreds or even thousands, then you would make a lot of money.
Yes, this form of payment could be compared to royalties. Again, they will most probably not agree to paying you an unknown amount for your services, especially not if these royalties would be for an X.number of years.
If they are interested in your services, then offer them an acceptable rate. ▲ Collapse
| | | | | Thanks but... | May 23, 2021 |
Thank you for your answer, but I'm not sure I follow.
When you translate literary work for example, you get royalties on your translation on every copy sold for however long it is sold. I fail to see why the same rationale couldn't apply to this instance.
Besides, they did not even seem to consider investing in a French version in the first place, so I'm giving them the choice between getting an extra income stream with a French version, or getting no extra income at all. They have n... See more Thank you for your answer, but I'm not sure I follow.
When you translate literary work for example, you get royalties on your translation on every copy sold for however long it is sold. I fail to see why the same rationale couldn't apply to this instance.
Besides, they did not even seem to consider investing in a French version in the first place, so I'm giving them the choice between getting an extra income stream with a French version, or getting no extra income at all. They have nothing to lose. Why would they be reluctant to give it a shot?
I'd still be interested in any information colleagues may have regarding my two questions.
Thanks! ▲ Collapse
| | | | Sadek_A
Local time: 09:38
English to Arabic
+ ...
Aymeric de Poyen wrote:
What would you call this system of getting a percentage on the sales?
Fishing.
Aymeric de Poyen wrote:
Is this some form of royalty?
No.
Aymeric de Poyen wrote:
Is there specific U.S. legislation governing this type of business arrangement that I should be aware of, in your experience?
Few other questions must be asked before getting to the above one.
How are you going to monitor their sales?
Are you going to do so on your own, or using the help of an accountant and/or a lawyer?
What kind of legally-binding agreement will you agree with, or force, them on/into?
Have they ever honored a similar arrangement before?
Etc.
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| Surprising response but... | May 23, 2021 |
Sadek_A wrote: Aymeric de Poyen wrote:
What would you call this system of getting a percentage on the sales? Fishing.
In France this system is quite common when you translate a published work. It is called 'droits proportionnels'. I just don't know what the equivalent under U.S. law would be.
Aymeric de Poyen wrote:
Is there specific U.S. legislation governing this type of business arrangement that I should be aware of, in your experience? Few other questions must be asked before getting to the above one. How are you going to monitor their sales? Are you going to do so on your own, or using the help of an accountant and/or a lawyer? What kind of legally-binding agreement will you agree with, or force, them on/into? Etc.
I don't see why you talk about me 'forcing' some kind of agreement on them though.
| | | | Daryo
United Kingdom
Local time: 06:38
Serbian to English
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| Theory ... and practice | May 23, 2021 |
Theoretically there is nothing that could stop you from keeping the "ownership" of your translation and charge them only a "licence fee" linked to a number of user or any other "licencing criteria". A lot of software is "sold" on that model - in actual fact all you "buy" is just a limited right to use the software, nothing else.
Practically, I would NEVER do it. In a such arrangement you would have absolutely no control / on ways of "auditing" whatever number of "sold copies" they d... See more Theoretically there is nothing that could stop you from keeping the "ownership" of your translation and charge them only a "licence fee" linked to a number of user or any other "licencing criteria". A lot of software is "sold" on that model - in actual fact all you "buy" is just a limited right to use the software, nothing else.
Practically, I would NEVER do it. In a such arrangement you would have absolutely no control / on ways of "auditing" whatever number of "sold copies" they declare to you. ▲ Collapse
| | | | Sadek_A
Local time: 09:38
English to Arabic
+ ...
Aymeric de Poyen wrote:
Surprising response but...
Don't see why it's surprising, but not that important of a point.
Aymeric de Poyen wrote:
In France this system is quite common when you translate a published work. It is called 'droits proportionnels'. I just don't know what the equivalent under U.S. law would be.
If the term you referenced is indeed the one applicable to the scenario you raised, then all you have to do is google multiple French resources on the subject and see if they can link you to any relevant English versions.
Dues come in all sorts and names. Pay, salary, fee, fare, commission, royalty, just to mention a few.
What you're describing is a new concept some people have been trying to push onto the Translation market for a while now, in the following fashion:
-Basic fee pay = project/employment's basic performance + project/employment's basic time
--Commission-based pay = guaranteed basic fee (project/employment's basic performance + project/employment's basic time) + hoped commission (sales' performance + sales' time)
---Royalty-based pay = guaranteed basic fee (project/employment's basic performance + project/employment's basic time) + forecast royalty (sales' time + NO sales' performance)
----Droits Proportionnels = no basic fee (guaranteed, forecast nor even hoped) + (project/employment's basic performance + project/employment's basic time) + (sales' time + NO sales' performance)
aka., Fishing: no basic catch + (effort + time of angling/casting) + (time of staying still for a fish to take the bait)
Aymeric de Poyen wrote:
I don't see why you talk about me 'forcing' some kind of agreement on them though.
It was only for the sake of covering all possible scenarios, however unlikely they might be.
Anyway, let's hope someone will give you better answers than all the ones you already disliked.
| | | | Adieu
Ukrainian to English
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They'll only agree if they plan to scam you.
OTOH, if YOU wish to pay THEM to translate and license their content for a foreign market, that might actually work... but would probably be staggeringly expensive.
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Thayenga
Germany
Local time: 07:38
Member (2009)
English to German
+ ...
| Seldom, if ever | May 24, 2021 |
Aymeric de Poyen wrote:
Thank you for your answer, but I'm not sure I follow.
When you translate literary work for example, you get royalties on your translation on every copy sold for however long it is sold. I fail to see why the same rationale couldn't apply to this instance.
Besides, they did not even seem to consider investing in a French version in the first place, so I'm giving them the choice between getting an extra income stream with a French version, or getting no extra income at all. They have nothing to lose. Why would they be reluctant to give it a shot?
I'd still be interested in any information colleagues may have regarding my two questions.
Thanks!
On rare occasions you get royalties for your literary translations. Agencies do their best to make you sell the translation completely with all rights to them. Unless, of course, the client is a publisher or a private person.
| | | | | What about the legal/regulatory framework? | May 24, 2021 |
Thanks for your opinion on the likelihood of the client accepting such an arrangement or not, but my questions are really about the legal and regulatory frameworks governing this type of arrangement.
Assuming that the client is interested, and assuming that this system can be likened to royalties collection, what I would like to know is how this works in the US (what type of contract is used, how does the client report their sales to me, and how often, etc.).
Thanks.
| | | | Samuel Murray
Netherlands
Local time: 07:38
Member (2006)
English to Afrikaans
+ ...
Aymeric de Poyen wrote:
I would like to offer a US-based for-profit learning institution to translate one of their online courses into French. I'd like to spare them any initial investment in the form of a per-word rate, ... and instead, I'd like to get a percentage on the registration fees payed by students when they buy this course.
If they don't go for that, they may offer you another deal (which would be more risky for you) namely that you buy the course from them (along with the right to sell it yourself), or that you become a reseller for them (so to speak) in that you are the one selling the course (not they), and then you pay them a percentage on every course sold by you. This isn't something that I would accept, though.
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