Translated texts andcultural institutions some guidelines

A translation of intellectual property has status as acreative work and is protected by copyright.

This is unequivocally established by the Berne Convention for the Protection of
Literary and Artistic Works, Article 2, Section 3: “Translations, adaptations,arrangements of music and other alterations of a literary or artistic work shall beprotected as original works without prejudice to the copyright in the original work.”
IF YOU INTEND TO USE A TRANSLATION or excerpts from a translation inconnection with an event that is open to the public, you must first determine whichof the following three categories the translation belongs to:

DomainNo restrictions apply to the use oftranslations published before 1923, orby long-dead translators. These may befreely used by anyone.
Please note, however, that although theoriginal text may belong to the Public
Domain, that does not necessarily imply
that its translation does too. The
translation may be of significantly
newer date than the original.
It is however good practice to credit thetranslator by having their name visible.

Creative Commons
A translator may choose to designatetheir work as Creative Commons, inwhich case the designated work may
be used without permission, but evenso: only in compliance with certain
conditions set by each individualtranslator.

Traditional Copyright
By far most translations of intellectual property fall into this category. These works
may NOT be used in any way without the translator’s permission. Please note that
all original translations of intellectual property are protected under copyright fromthe moment they are created.
So, if the translation you wish to use, belongs to the category Traditional Copyright,
you must:A) Establish whoholds the copyright.
In many cases, thiswill be the translator.

B) Ensure that you
have a writtenagreement withthe copyrightholder, allowing
you to use theirtranslation.

C) Bear in mind thatthe copyright holder
is entitled to fair
remuneration foruse of their work.

The cost of remuneration may vary from case to case, depending on text volume,
manner of distribution or usage, and established practice in the country or countries
involved. In any case, however, the terms and conditions must be agreed upon withthe copyright holder and presented in a written contract that is signed by all parties
involved. In matters of dispute or uncertainty, most translators will be members of aunion or association that can be consulted.
And please remember: in all instances start by contacting the translator, as acourtesy. It’s always good to have the translator aware and part of the discussion,even if they don’t hold copyright. If they don’t hold the copyright themselves, they
will be able to tell you who does.

About us

The Institute of Translationand Interpreting (ITI) is theonly UK-based independent
professional membership association forpractising translators, interpreters andall those involved in the language
services sector.
Founded in 1986, we now have over
3,000 members, both in the UK andinternationally.
ITI seeks to promote the highest
standards in the industry, supporting ourmembers and raising the profile of theprofession.
ITI acts as an interface between
government, industry and commerce,
the media, and the general public.

+44 (0) 1908 325250
info@iti.org.uk
www.iti.org.uk

Published October 2023

The International Federationof Translators (FIT) is thefederation of professional
associations of interpreters, translators,and terminologists working in areas asdiverse as literary, scientific and technicalspheres, the public service, court and legal
settings, conference interpreting, media
and diplomatic fields and academia.
The goal of the Federation is to promote
professionalism in the disciplines it
represents. It seeks constantly toimprove conditions for the profession in
all countries and to uphold translators’rights and freedom of expression. FIT
supports members and the profession at
an international level, building
community, visibility and a sustainable
future for the profession.
secretariat@fit-ift.org
fit-ift.org