The translator, long considered a mere functionary in the production of books, is now much more likely to be recognized as the co-creator of a new text in another language. Writers are showing greater interest in the translation of their work, and in a growing number of cases, publishers are offering translators something approaching their due attention and recompense.

Nevertheless, too many misunderstandings, infringements, and abuses still occur. Unauthorized translations appear, particularly in the alternative press and literary magazines. The practice of publishers obtaining exclusive translation rights for an unlimited period of time has held certain foreign works prisoner to poor or dated translations. If, as the case may be, a translation is done as a "work for hire" (see Negotiating a Contract), rights to the translation generally remain with its publisher after rights to the original have reverted to the author, thus leaving the translation in limbo, since it is no longer under the control of either the translator or the foreign author. Many scholarly papers present original translations or quotations from existing translations without proper permission.

Translation is an intrinsically collaborative undertaking, and a successful translation can be created only when each party assumes its responsibility and respects the rights of the others. To this end, the following suggestions are offered, with the recognition that exceptional cases occur in which these guidelines are not entirely applicable.

Translators
The publication of an unauthorized translation of a copyrighted work, for whatever reason, is piracy and an injustice to the author. It prevents the publication of an authorized translation elsewhere and denies both the author and the authorized translator possible income and exposure.

The Committee recommends that in all cases the prospective translator thoroughly investigate who controls the translation rights and obtain written permission, if necessary, from the copyright holder. It is always wise to determine whether translation rights are available before investing time and effort in making the translation.

For works not in the public domain, the right to publish a translation is, under present copyright law, a derivative one that requires the consent of whoever owns the copyright (and thus the translation rights) in the original work. The Committee strongly recommends that in all cases, the prospective translator of an untranslated work first contact the foreign rights manager of the publisher of the work to be translated. This person's name, phone number, fax number, and address can generally be found in the International Literary Market Place (ILMP), which is available at the reference desk of most libraries. Questions to ask the foreign rights manager include:

• Has a publisher already acquired the right to publish this work in translation?
• Are any publishers currently considering the work for publication in translation?
• Have any publishers already rejected the work for publication in translation?
• Are there any current plans to submit the work to additional publishers?

It is best to communicate these questions in written form by fax and/or letter, then follow up with a telephone call if, as is often the case, no reply is received.

Prospective translators are ill-advised to start by asking the author about the status of translation rights to a particular work, as the author will often indicate that those rights are available and encourage the translator to begin without knowing the actual status of the rights. The prospective translator should only contact the author with rights questions if the publisher has affirmed that the author has retained foreign language rights. When proposing a work for publication in translation, the prospective translator should clearly indicate the foreign rights holder of the work to all publishers contacted.

Finally, translators should keep in mind that translation rights are generally sold or granted to book and magazine publishers, not to translators themselves, and that it is generally the publisher of the translation that selects the translator, not the original author or that author's publisher.

Authors
Authors should be careful not to grant translation rights when they do not in fact hold such rights. When approached by a prospective translator, they should clearly indicate the current foreign rights status of their work, refer the prospective translator to the foreign rights holder if they do not hold those rights themselves, and inform the prospective translator of any other translators they know to be translating their work already.

Authors whose works are accepted for publication in translation should make themselves available to confer with their work's contracted translator. The author should consider reviewing the completed translation, preferably after the translator has produced a final manuscript version but before the translation has been typeset. If at all practical, it is recommended that the author be consulted during the translation process to resolve questions about the text before it is completed. This may forestall any possible future disagreements about the translation among author, translator, and publisher. If a completed translation is submitted to an author for review, this review should be conducted in collaboration with a native speaker of the language into which the work is being translated. In cases of disagreement between authors and translators, the Committee is available to assist in arbitration. [See paragraph 7 of the Model Contract.]

Book Publishers
Before publishing a work in translation, publishers have the moral and legal responsibility to acquire the right to publish the work in the language in which their edition is to be issued and in the territory throughout which it is to be sold. If the original work is to appear with the translation, that right also must be secured—frequently from a different source. When reprinting an earlier published translation that has gone out of print, publishers should make a good-faith effort to contact the current rights holder of the translation and should enter into a formal agreement with the rights holder for use of the translation.

In the case of works widely recognized as classics, as well as in the case of all poetry and plays, the Committee urges publishers to demand exclusive translation rights for a limited period only, after which time other publishers would then be free to negotiate the right to issue alternative translations of the same work without depriving the publisher of the first translation of the right to continue selling its edition.

Magazine Publishers
Magazines, regardless of their circulation, should not publish unauthorized translations. Editors of magazines should recognize that they need two generally distinct permissions to publish a work in translation: the permission of the party holding foreign rights to the original text and the permission of the party holding rights to the translation. When publishing translated material, it is the responsibility of the magazine to make sure that both of these permissions have been obtained and to give proper credit to both the foreign rights holder and the translation rights holder in the issue of the magazine in which the translation appears. Even in cases where there is little or no money involved, the formal obligations for securing translation rights obtain.

Agents
Agents generally do not enter into the negotiations between publisher and translator, and their role is limited primarily to representing the original publisher's interest to the English-language publisher. Agents may at times recommend a translator for a project (especially if that translator has prepared a sample or reader's report for the agent to use in selling a work). The publisher, it should be clear, is under no obligation to use that translator. However, as the success of the author's work in translation is in good measure dependent upon the quality of the translation, an agent should be a concerned party in the selection of the translator.

Scholars and Anthologists
Scholars should bear in mind that translations included in whole or in part in doctoral dissertations, master's essays, and published academic papers—whether quotations, alterations of quotations, or original translations—are subject to international copyright laws and require authorized permission when they exceed the limits of "fair use." (Fair use, however, is variously defined, and it is wise to check with individual publishers of material to be quoted.) The same legal restrictions concerning use apply in the case of "borrowings" or "adaptations" of translations of classic works if the translation used is in copyright.

Like magazine publishers, anthologists and their publishers are responsible for obtaining the permission of the party holding foreign rights to the original text and the permission of the party holding rights to the translation for every selection they wish to publish. Both of these rights holders must be given proper credit in the published form of the anthology.

Negotiating a Contract