May an agency ask for your translation memories Initiator des Themas: Yves Antoine
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Yves Antoine
Belgien
Local time: 12:53
Englisch > Französisch
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for free? Which are the rules in our market segment? Are there selling rates?
Or is this is kind of a gentleman agreement between agency and freelance,because you get translations from the agency as well to put into your TM?
What about Lexicons that you build for end-users? I suppose here that they are to be paid? What kind of rates on apply in the market?
| | | | Laurent KRAULAND (X) 
Frankreich
Local time: 12:53
Französisch > Deutsch
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| Could you be more precise? | Feb 23, 2011 |
Hello Yves,
could you be more precise and give us some details about the actual situation you are dealing with?
| | | | Emin Arı
Türkei
Local time: 14:53
Englisch > Türkisch
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An agency has all intellectual property rights for the translation including the TM. Moreover, it is not a big deal to create a TM with source and target text with winalign or similar programs.
| | | | Stanislaw Czech, MCIL CL
Vereinigtes Königreich
Local time: 11:53
Mitglied (2006)
Englisch > Polnisch
+ ...
SITE LOCALIZER
If they let me know beforehand I see no problem. If I know that they are going to need it I use 2 TMs at the same time - my master TM and dedicated TM for the client. Otherwise I use only a master TM and I am not able to extract units belonging to that particular client/project.
BR
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| It is YOUR intellectual property, but... | Feb 23, 2011 |
you can sell it to them or provide under certain conditions which YOU determine as you're the owner.
If they have the software you are working it, they can ask you to send them the bilingual files, which is quite common. They can then create their own TMs - which is their right as you have sold them the translation.
If you create the TM, then you have the option to sell it to them - at least it involves some work on your part - no?
I agree with Stanislaw on the passage about ... See more you can sell it to them or provide under certain conditions which YOU determine as you're the owner.
If they have the software you are working it, they can ask you to send them the bilingual files, which is quite common. They can then create their own TMs - which is their right as you have sold them the translation.
If you create the TM, then you have the option to sell it to them - at least it involves some work on your part - no?
I agree with Stanislaw on the passage about using a Master TM - so do I, and this one has been built over long years of work in the same field...
Food for thought...
Take care,
Kerstin
[Bearbeitet am 2011-02-23 08:52 GMT] ▲ Collapse
| | | | RobinB
Vereinigte Staaten
Local time: 05:53
Deutsch > Englisch
| Slight correction | Feb 23, 2011 |
Emin Arı wrote: An agency has all intellectual property rights for the translation including the TM. Moreover, it is not a big deal to create a TM with source and target text with winalign or similar programs.
No, the intellectual property rights actually reside with the owner of the source text (who may not necessarily be the end-client of the translation, of course), who automatically holds the rights to translations and all derivative works, including TMs. Agencies may like to think that they hold these rights, but they don't. In the EU, the translator has the "moral rights" to the translation (provided of course it isn't modified after leaving the translator), but these "moral rights" cannot be monetised and are therefore largely irrelevant except in the field of literary translation.
| | | | Samuel Murray
Niederlande
Local time: 12:53
Mitglied (2006)
Englisch > Afrikaans
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| Gentleman's agreement | Feb 23, 2011 |
Yves ANTOINE wrote:
Or is this is kind of a gentleman agreement between agency and freelance, because you get translations from the agency as well to put into your TM?
Yes, it is a gentleman's agreement that you will supply them with the TM, but you are wrong in thinking that they in turn provide you with translations to put into *your* TM. When sending your TM to the client, make sure that you send only the translation units that you had translated for them, and not any sentences that you had translated for someone else.
| | | | Laurent KRAULAND (X)
Frankreich
Local time: 12:53
Französisch > Deutsch
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| I don't see any problem either... | Feb 23, 2011 |
Stanislaw Czech wrote:
If they let me know beforehand I see no problem. If I know that they are going to need it I use 2 TMs at the same time - my master TM and dedicated TM for the client. Otherwise I use only a master TM and I am not able to extract units belonging to that particular client/project.
BR
S
and agree upon the fact that the client needs to let you know things in advance.
I don't need to use a distinct TM, but without specific instructions I cannot set parameters accordingly - hence I would be unable to extract any given content.
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Terry Richards
Frankreich
Local time: 12:53
Französisch > Englisch
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| Yes you can... | Feb 23, 2011 |
Laurent,
If you are using Wordfast classic (or, presumably, Trados and probably others), you can use your single TM for the translation and then create a new one just before you clean the file. When you clean the file (with update TM turned on) the TUs in that file will go to the new TM. If you have already cleaned the file, you can clean the bak file again.
Terry.
| | | | Theo Bernards (X)
Frankreich
Local time: 12:53
Englisch > Niederländisch
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| As said: it depends on the situation | Feb 23, 2011 |
I have agency clients who want a TM and it is easy enough to extract a TM from a finished project from my CAT tool, provided I have used that CAT tool. I see it as an added service and it takes about 5 minutes, so I see no need to charge extra for it.
I consider the intellectual ownership on all translations transferred to the client once they have paid (although I am not sure it is actually that simple, but I work under that assumption and it suits me just fine), and it seems logic... See more I have agency clients who want a TM and it is easy enough to extract a TM from a finished project from my CAT tool, provided I have used that CAT tool. I see it as an added service and it takes about 5 minutes, so I see no need to charge extra for it.
I consider the intellectual ownership on all translations transferred to the client once they have paid (although I am not sure it is actually that simple, but I work under that assumption and it suits me just fine), and it seems logical to include a TM in that.
However, if I am routinely confronted with rush jobs and lengthy payment terms, I may ask for extra payment for a TM. If they don't want to pay that: fine, it shouldn't be too difficult for any client to align both source and target texts and create the TM themselves. ▲ Collapse
| | | | Emma Goldsmith
Spanien
Local time: 12:53
Mitglied (2004)
Spanisch > Englisch
| simple solution | Feb 23, 2011 |
Laurent KRAULAND wrote:
Stanislaw Czech wrote:
If they let me know beforehand I see no problem. If I know that they are going to need it I use 2 TMs at the same time - my master TM and dedicated TM for the client. Otherwise I use only a master TM and I am not able to extract units belonging to that particular client/project.
BR
S
and agree upon the fact that the client needs to let you know things in advance.
I don't need to use a distinct TM, but without specific instructions I cannot set parameters accordingly - hence I would be unable to extract any given content.
@ Stanislaw and Laurent,
It doesn't matter if you don't know beforehand. Simply create an empty TM and import your sdlxiff into it. It's the best way of being certain that the TM doesn't contain anything else at all. And it takes less than a minute to do 
In fact, efficient agencies should be doing it routinely themselves.
[Edited at 2011-02-23 11:54 GMT]
| | | | Buck
Niederlande
Local time: 12:53
Niederländisch > Englisch
[quote]Emma Goldsmith wrote:
Laurent KRAULAND wrote:
@ Stanislaw and Laurent,
It doesn't matter if you don't know beforehand. Simply create an empty TM and import your sdlxiff into it. It's the best way of being certain that the TM doesn't contain anything else at all. And it takes less than a minute to do
In fact, efficient agencies should be doing it routinely themselves. [Edited at 2011-02-23 11:54 GMT]
I agree. I think it's laziness on the part of the agency, especially if they ask for cleaned and uncleaned files.
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