Now we all know how important it is to be careful. Stipulate exactly what you expect in your contract.
Here are some points for all writers commissioning editors and translators:
1. The work of a translator or editor is always a Work for Hire. Meaning it is always your property, copyright wise, after they complete it.
2. Always have a contract expressing exactly what you want.
3. Always know of an attorney incase someone tries to mess around with you.
4. Buy a phone recorder if necessary.
5. Never change the contract without express permission on both sides.
People seem to forget both.
I recently have had a major issue with a translator. I provided a certain translation agency with a copy of a Chinese translation that I needed edited. The translator they got, didn't get the job done right. And instead tried to over bill me 42 hours, claiming the bulk of his time was spent individually finding and replacing punctuation marks. He was working in Microsoft Office and didn't know how to use the find and replace function? Despite the fact I provided the original translation in a specific format, he also didn't return the Chinese edit in the appropriate format. The thing about Chinese (as was explained to me by the agency), was that if a Chinese word was broken up in the wrong location (i.e. an expected carriage return), it would change the meaning of the sentence. Finally, he tried to claim the entire edit I received as a new translation. :O I may not be able to read Chinese, but I can read Kanji well enough to see his changes between both documents. The translation company then tried to over charge me $1800 (which is the cost for a full NEW translation). A cost which was not agreed upon, and was unilaterally changed by the agency. Thankfully I had a detailed enough contract to prove they only did half of their contracted work.
To top it all off, the edited work was 3 months late.
Since they refused to renegotiate their price, according to the actual original contract, I've refused them entirely, sending an affidavit that I would not use their work.
They may try to fight me on this, but I have a contract, and that's saving my butt right now (if they do pursue this I will fight them on fraud charges, and that may very well end their non-profit status).
Here are some points for all writers commissioning editors and translators:
1. The work of a translator or editor is always a Work for Hire. Meaning it is always your property, copyright wise, after they complete it.
2. Always have a contract expressing exactly what you want.
3. Always know of an attorney incase someone tries to mess around with you.
4. Buy a phone recorder if necessary.
5. Never change the contract without express permission on both sides.
People seem to forget both.
I recently have had a major issue with a translator.
I provided a certain translation agency with a copy of a Chinese translation that I needed edited.
The translator they got, didn't get the job done right. And instead tried to over bill me 42 hours, claiming the bulk of his time was spent individually finding and replacing punctuation marks. He was working in Microsoft Office and didn't know how to use the find and replace function?
Despite the fact I provided the original translation in a specific format, he also didn't return the Chinese edit in the appropriate format. The thing about Chinese (as was explained to me by the agency), was that if a Chinese word was broken up in the wrong location (i.e. an expected carriage return), it would change the meaning of the sentence.
Finally, he tried to claim the entire edit I received as a new translation. :O I may not be able to read Chinese, but I can read Kanji well enough to see his changes between both documents.
The translation company then tried to over charge me $1800 (which is the cost for a full NEW translation). A cost which was not agreed upon, and was unilaterally changed by the agency.
Thankfully I had a detailed enough contract to prove they only did half of their contracted work.
To top it all off, the edited work was 3 months late.
Since they refused to renegotiate their price, according to the actual original contract, I've refused them entirely, sending an affidavit that I would not use their work.
They may try to fight me on this, but I have a contract, and that's saving my butt right now (if they do pursue this I will fight them on fraud charges, and that may very well end their non-profit status).
Contracts are not just for lawyers.