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No payment from client... Thread poster: Dan12
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Hi I did some translation work and send it to the client. When I ask for payment, they say that my work is not good. I ask them which part of my work is no good so that I can make changes. They didn't explain and no reply from them. How can I get back my payment?
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Somnath Dey 
India
Local time: 14:12
Member (2014)
English to Bengali
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| Use of Blue board | Aug 20, 2015 |
Dear Dan,
You can use the blue board. Find the outsourcer. rate 'em! Let everyone know that the outsourcer is a non payer. If that a genuine company that might get you your money.
Else, you can ask ProZ support team for this.
Somnath
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Thayenga
Germany
Local time: 10:42
Member (2009)
English to German
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| BB entry and ProZ support request | Aug 20, 2015 |
As Somnath stated, you have these 2 options, for the time being.
I don't know where your client is located, however, I am pretty sure that a vendor is worldwide legally entitled to revise the work when the client is unhappy with it.
The fact that your client ignores your request for clarification regarding the allegedly "poor" quality of your translation, might imply that s/he is unwilling to pay.
Have you worked with this client before? Does s/he have a co... See more As Somnath stated, you have these 2 options, for the time being.
I don't know where your client is located, however, I am pretty sure that a vendor is worldwide legally entitled to revise the work when the client is unhappy with it.
The fact that your client ignores your request for clarification regarding the allegedly "poor" quality of your translation, might imply that s/he is unwilling to pay.
Have you worked with this client before? Does s/he have a company email address? Did you perform the necessary risk management?
Good luck! ▲ Collapse
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Michael Beijer
United Kingdom
Local time: 09:42
Member (2009)
Dutch to English
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Sheila Wilson
Spain
Local time: 09:42
Member (2007)
English
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| More details please | Aug 20, 2015 |
What you can do depends on several factors, including:
1) the countries involved (easier if domestic problem)
2) the amount ($50, $500, $5,000?)
3) the client information you have (if you just have an email address then you have no rights)
4) the client's legal/financial standing (scammer? can't pay or won't pay?).
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Dan12
Malaysia
TOPIC STARTER | No payment from client... | Aug 20, 2015 |
Thank you for all your suggestions. I have perform some check on this client whom I believe they are proper standing. My friend suggest to me to seek legal help for my copyright work done. Since the translation work is my original work and the client did not pay me, I still own the copyright. I'm not sure if this may help to get back the payment. Please advise...
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| Small claims procedure? | Aug 20, 2015 |
What steps you need to take will depend on the law in the country concerned.
Is there a small claims (payment order) procedure available in that country?
Whether or not it's worth consulting a lawyer probably depends on the amount involved.
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Dan12
Malaysia
TOPIC STARTER | No payment from client... | Aug 27, 2015 |
Thank you for your advise. I have seek legal advise and wrote to the client that I will take action if they do not pay for my work and infringe my copyright. They finally reply and try to rebuke that the translation work does not belong to me. Fortunately, I'm able to proof that the work belongs to me. I'm glad they agree to make payment.
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Roberto Mata
Spain
Local time: 10:42
English to Spanish
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So, wait a moment.
I'm in a similar situation. I translated subtitles for an unpaying subtitling company that provided those subtitles to a VERY important streaming network.
If I understand it right, that network would be infringing my copyright because the subtitling company didn't pay for them. Am I right?
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| copyright as legal leverage | Aug 27, 2015 |
I tried to get several German IP lawyers interested in a similar argumentation regarding a translation published in a magazine and had the feeling that they felt this line of reasoning was patently absurd and that it did not really even make any sense to them. So I am presumably missing something here.
However, I still think that at least in Germany it is legally more or less crystal clear that a literary translation (for example, of a fictional film) represents intellectual propert... See more I tried to get several German IP lawyers interested in a similar argumentation regarding a translation published in a magazine and had the feeling that they felt this line of reasoning was patently absurd and that it did not really even make any sense to them. So I am presumably missing something here.
However, I still think that at least in Germany it is legally more or less crystal clear that a literary translation (for example, of a fictional film) represents intellectual property (it is listed as an example for "adaptations" as intellectual property in the text of the law on copyright).
I never did get my money, but still:
I would contact the agency or have a lawyer contact the agency and tell them you will be sending a cease-and-desist letter to the streaming service for violating your copyright if the agency does not contact you within one week and pay you within the next four weeks. Then I would sit back and see what happens. If they don't react, I really would actually also send a cease-and-desist letter with the agency in cc and see what happens (an NDA can't prevent you from asserting your legal rights as an author of intellectual property). ▲ Collapse
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Sheila Wilson
Spain
Local time: 09:42
Member (2007)
English
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| Legally enforceable or not, it works (in some cases anyway) | Aug 27, 2015 |
Michael Wetzel wrote:
I tried to get several German IP lawyers interested in a similar argumentation regarding a translation published in a magazine and had the feeling that they felt this line of reasoning was patently absurd and that it did not really even make any sense to them.
I'm no lawyer but there certainly do seem to be some grounds to suppose we hold copyright until we've been paid. At the very least, it's downright unethical for our work to be used commercially, i.e. for profit, when we ourselves haven't been paid.
I told a non-paying client once that I would have to inform his client of the possibility of legal proceedings. He was actually blaming his client for the problem, claiming that he himself hadn't been paid (not that that had any bearing on my invoice whatsoever). After waiting for the stated time for any reaction, I actually did telephone the owner of the website where my translation was displayed. It was very unpleasant, with the website owner basically saying "See you in court, dearie". However, it was worth it as my (ex-)client paid within 24 hours and he was absolutely foaming with fury!
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Roberto Mata
Spain
Local time: 10:42
English to Spanish
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Thanks for the suggestion.
I definitely will.
The problem now is to select a Los Angeles/Glendale based lawyer while living in Spain.
(suggestions are welcome)
AND
Who in the streaming service (the client of the agency that is not paying) should I address my message to.
It's a true giant and I don't know who's the person in charge of dealing with subtitling agencies.
I don't know, sen... See more Thanks for the suggestion.
I definitely will.
The problem now is to select a Los Angeles/Glendale based lawyer while living in Spain.
(suggestions are welcome)
AND
Who in the streaming service (the client of the agency that is not paying) should I address my message to.
It's a true giant and I don't know who's the person in charge of dealing with subtitling agencies.
I don't know, sending a generic mail to info@n****x.com doesn't seem the greatest idea. ▲ Collapse
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John Fossey
Canada
Local time: 04:42
Member (2008)
French to English
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| Copyright violation may be piracy | Aug 27, 2015 |
What I discovered is that not only does the translator hold a copyright to the translation, but use of the translation without payment may be copyright piracy, which in many jurisdictions is a criminal offence, not merely civil. Many police departments have an intellectual crimes office. A mere mention of the possibility of reporting a translation which was used without being paid for brought quick payment for me.
[Edited at 2015-08-27 20:24 GMT]
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Dan12
Malaysia
TOPIC STARTER | copyright protection of your work | Aug 28, 2015 |
robertin wrote:
I definitely will.
The problem now is to select a Los Angeles/Glendale based lawyer while living in Spain.
(suggestions are welcome)
AND...
Perhaps you should email direct to a personal email address so someone can look into your case. I wrote directly to the client about infringing my copyright work. The client challenge me that the work is done by their own people and will report me to enforcement agency. I proof to them that I'm the true owner of the work. Unless they pay me, I will transfer this right to them or I will report this to their management. Fortunately, I got my translation document secured with a personal watermark and the client was surprised that I can show evidence on my document. Now I just have to wait for the payment to come in soon without spending money on the legal.
I suggest you write in to someone and show evidence that the work is originated from you. I think sometimes it maybe someone in the company try to delay or don't want to make payment due to some reasons. Hope this will help.
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Roberto Mata
Spain
Local time: 10:42
English to Spanish
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The copyright thing worked smoothly and they finally paid my bill.
Thank you so much!
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