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The following list highlights some of the key elements of contract negotiations, but it is not meant as a substitute for the Model Contract. The Committee recommends that prospective translators review the various articles of the Model Contract before agreeing to a translation project.
1) Make sure the rights to any work not in the public domain are currently available from the foreign publisher. Have the foreign publisher represent and warrant this availability in writing to the translator before commencing the project.
2) There is nothing wrong with trying to promote a specific project to a publisher. Be aware, however, that the publisher is under no obligation to use your translation. Also be aware that if you deliver a translation without an agreement or without having copyrighted it in your name, the publisher could use it without paying for it.
3) Never begin a paid translation, regardless of the genre, without a written contract. Even a simple, one-page letter of agreement is a contract.
4.) Be clear about what is expected of you when translating a scholarly work. For example, will the publisher provide assistance in researching references for bibliographic citations and footnotes? If not, is this work reflected in your fee?
5) Make sure you have the right to examine the manuscript after it is copy-edited and are given sufficient time to review it. The same applies to page proofs.
6) If you have prepared a style sheet, make sure it is given to the copy editor.
7) The contract should provide that you will receive several free copies of the book for your personal use. Ten copies is the standard minimum. You may also want to ask for a copy (or copies) of all other editions (paperback, audio, overseas editions etc.) Also, remember to ask for a discount (40 percent is common) on purchasing extra copies of the book from the publisher.
8) Make sure deadlines are reasonable and that you can meet them. If you find that you cannot meet a deadline, notify the publisher as soon as possible. Do not enter into a contract that provides for “time of the essence” or other defaults if you cannot deliver the work on time.
9) Clarify payment dates with the publisher before signing the contract. For example: a certain amount on signing the contract, the rest on delivery of the manuscript.
10) During the negotiation, don’t be afraid to add or delete anything from a contract. Remember, the final agreement is the result of a process of negotiation between the parties. There is nothing that is an absolute requirement—it must all be agreeable to you.
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