In 2010, Google algorithms estimated that there were nearly 130 million unique book editions published worldwide. Only an outrageously small number of these books have been translated into Russian.
But you canβt just take and translate a work that you like. It would be copyright infringement.
Therefore, in this article we will analyze what needs to be done in order to legally translate a book from any language into Russian and officially publish it in Russia.
Copyright Features
The main rule is that you do not need to translate a book, story, or even an article if you do not have a document that gives you the right to do so.
According to paragraph 1, Art. 1259 of the Civil Code of the Russian Federation: "The objects of copyright are works of science, literature and art, regardless of the merits and purpose of the work, as well as the way it is expressed."
The exclusive rights to the work belong to the author or the copyright holder to whom the author transferred the rights. According to the Berne Convention for the Protection of Literary and Artistic Works, the term of protection is the lifetime of the author and fifty years after his death. However, in most countries, the term of copyright protection is 70 years, including the Russian Federation. So there are 3 possible options:
- If the author of the work is alive, then you need to contact him either directly or with the owners of exclusive rights to his works. Using the Internet, you can quickly find information about the contacts of the author or his literary agent. It is enough to drive into the search "Author's name + literary agent". Next - write a letter indicating that you want to take on the translation of a particular work.
- If the author of the work died less than 70 years ago, then you need to look for legal heirs. The easiest way to do this is through a publishing house that publishes the author's works at home. We are looking for contacts, write a letter and wait for an answer.
- If the author died more than 70 years ago, then the work becomes public domain and the copyright to it is cancelled. This means that permission is not required for its translation and publication.
What you need to know before you start translating a book
- Is there an official translation of the book into Russian. Oddly enough, in a fit of enthusiasm, some forget about it. At the same time, you need to search not by the title, but in the bibliography of the writer, because the title of the book can be adapted.
- Are the rights to translate the work into Russian free? It happens that the rights have already been transferred, but the book has not yet been translated or published. In this case, it remains to wait for the translation and regret that it was not possible to do it yourself.
- List of publishers to which you can offer the publication of the work. Often, negotiations with the copyright holder end with the phrase: βWhen you find a publishing house that will publish the book, then we will draw up an agreement on the transfer of rights to the translation.β So negotiations with publishers should be started at the stage of βI want to make a translationβ. More on this below.
Negotiations with the copyright holder are a very unpredictable stage. Lesser-known authors can grant translation rights for a symbolic sum of a few hundred dollars or a percentage of sales (most often 5 to 15%), even if you don't have experience as a translator.
Authors of the middle echelon and their literary agents are rather skeptical about novice translators. However, with the right level of enthusiasm and perseverance, the right to translate can be obtained. Litagents often ask translators for a translation sample, which they then pass on to specialists. If the quality is high, then the chances of getting rights increase.
Top authors, on the other hand, work at the level of agreements between publishing houses, which are given exclusive rights to translate and publish a work. It is almost impossible for a specialist "from outside" to cling there.
If the copyright has expired, you can start translating right away. You can publish it online. For example, on the site in the Samizdat section. Or you need to look for a publisher who will undertake the publication.
Translator's rights - important to know
According to Art. 1260 of the Civil Code of the Russian Federation, the translator owns the exclusive copyright for the translation:
The copyrights of a translator, compiler and other author of a derivative or composite work are protected as rights to independent objects of copyright, regardless of the protection of the rights of the authors of the works on which the derivative or composite work is based.
In fact, the translation is considered an independent work, so the author of the translation can dispose of it at his own discretion. Naturally, if no agreements have been previously concluded for the transfer of rights to this translation.
The author of the work cannot revoke the right to translate, which is documented. But at the same time, nothing prevents him from granting the right to translate the book to another person or several persons.
That is, you can enter into agreements with publishers to publish a translation and profit from it, but you cannot prevent the author from issuing permissions for other translations.
There is also the concept of the exclusive right to translate and publish works. But only major publishers work with them. For example, the Makhaon publishing house has the right to exclusively publish a series of books about Harry Potter from JK Rowling in the Russian Federation. And this means that no other publishing houses in Russia have the right to translate or publish these books - this is illegal and punishable.
How to negotiate with a publisher
Publishers do not work with promises, so in order to agree on the publication of a translation of the book, you need to work a little.
Here is the necessary minimum, which is required by almost all publishing houses from βoutsideβ translators:
- Book abstract
- Synopsis of the book
- Translation of the first chapter
The decision will depend on several factors. First, the publisher will evaluate the prospect of publishing the book on the Russian market. Most likely some previously untranslated works of more or less well-known writers. Secondly, the publisher will evaluate the quality of the translation and its compliance with the original. Therefore, the translation must be of the highest quality.
When the materials are ready, you can apply for publication. Publisher websites usually have a "For New Authors" section or similar, which describes the rules for applying.
Important! The application must be sent not to the general mail, but to the mail of the department for working with foreign literature (or similar). If you can't find contacts or there is no such department in the publishing house, the easiest way is to call the manager on the specified contacts and ask who exactly you need to contact regarding the publication of the translation.
In most cases, you will need to provide the following information:
- book title;
- author data;
- original language and translation language;
- information about publications in the original, availability of prizes and awards (if any);
- translation rights information (public domain or permission to translate).
You also need to briefly describe what you want. Like, translate the book and publish it. If you already have a successful translation experience, this is also worth mentioning - it will increase your chances of a positive response.
If you have agreed with the author of the work that you will also act as an agent, then you must specify this separately, because in this case the publisher will need to sign an additional package of documents with you.
As for translation fees, there are several options for working:
- Most often, the translator receives a predetermined fee and transfers the rights to use the translation to the publisher. In fact, the publisher buys the translation. It is impossible to determine the success of a work in advance, so the amount of the fee will depend on the expected popularity of the book and on your ability to negotiate.
- The agent's service fee is usually 10% of the profit. Therefore, if you want to act in the interests of the author as an agent in the Russian market, your level of payment will depend on circulation and total profit.
- You can also take on the financial issues of publishing the book yourself. In this case, the profit will be about 25% of the revenue (on average, 50% goes to retail chains, 10% to the author and 15% to the publisher).
If you want to invest in a publication, then keep in mind that the minimum circulation that will allow you to recoup the cost is at least 3000 copies. And then - the more circulation and sales, the more income.
When working with a publishing house, there are risks - they, unfortunately, cannot be avoided.
Sometimes it happens that the publishing house manages to interest the work, but they choose another translator. The only way to avoid this is to translate the first chapter of the book as well as possible.
It also happens that the publishing house subsequently concludes a direct contract with the author or his literary agent, bypassing you as an intermediary. This is an example of dishonest attitude, but this also happens.
Translation not for financial gain
If you are trying to translate a work not for financial gain, but for the love of art, then only the permission of the copyright holder for translation is quite enough (although in some cases it is possible even without it).
In European and American legislation, there is the concept of "fair use". For example, the translation of articles and books for educational purposes, which does not involve making a profit. But there are no similar norms in Russian legislation, so it is more reliable to get permission for the translation after all.
Today, there are a sufficient number of online bookstores where you can place translations of foreign literature, including on a free basis. True, experience says that in this way it is possible to publish only books that are already in the public domain - authors do not perceive too favorably the possibility of publishing translations of their books for free.
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Source: habr.com