Localization Project Management Log

How specific do you want to be about the language of your terms and conditions?

Suppose you have your copyright information or software license translated or localized into a variety of languages, and somebody exploits a mistake or misunderstanding or mistranslation. How do you cover yourself?

Here’s an example from the Terms and Conditions for Carbonite, a provider of online backup:

English Language

These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.

Is this a good way to leave yourself an out? Carbonite’s attorneys and management must think so. Ask yours.

John White of venTAJA Marketing is a localization project manager and consultant.

photo credit: tracie7779

You need to keep an eye out for TRM (“translation management rights,” a term I’ve just coined), because they may not be enforced just for hopeful thinking.

If you’re creating software, documentation or a Web site in English, who owns it? Your company, of course. True, the words that went into the product came out of your brain and fingers, and not those of your company, but it’s work you’ve done for hire, so your company owns it. This is probably spelled out in your employment agreement.

Most of the time, this will apply to the localized version of your product as well, but it’s worth being clear about it with your vendor. True, the translated words came out of the brain and fingers of the translators, but you wouldn’t want the translators to own it even if they were in your employ, let alone when they’re outside contractors, which they usually are.

I hadn’t thought about this for ages until a recent project took me to the site of Association of
Finnish Translation Companies – SKTOL. Since a prospective vendor referred to them in his estimate, I took the time to read their General Terms and Conditions and found the following among them:

7. COPYRIGHT

The company holds the copyright as referred to in the Copyright Act (404/1961) to the translated text unless otherwise agreed. The company assigns the right of use to the translated text in the extent and for the purpose required by the commission.

Unless otherwise agreed, the company holds all rights to the translation memories generated in conjunction with the work it carries out.

This struck me as odd, and either stunningly progressive or hopelessly out of date. Of course, they don’t claim “exclusive copyright” or “exclusive rights to translation memories,” so they wouldn’t likely withhold either from the client, but these struck me as singular rights for a contractor to try and claim.

None of my clients would have any part of this. Would your company?