From:
Medical Translation Insight
Our recent article on
understanding
translation memories and how they work once again raised the question of who
owns a translation memory (TM) database.
In the translation industry,
misinformation and urban myths surround the topic of TM ownership. One point of
view holds that the database is a result of work contracted for and paid for by
the client, so the client has a right to receive the memory files once the
project is complete. The opposing view point is that without the creative work
of the translator, the TM files would not exist at all.
And it's not
just in theory that these questions come up. We regularly encounter this
question when starting to work with new clients. In a surprising number of
cases, new clients tell us that they don't have/own their old TMs.
The
question is important enough that SDL stated their position on
Copyright protection
for Translation Memories [PDF link]. The upshot: If you care about who owns
the TM, make sure you have an agreement.
Still confused? Ross Smith
collected a great list of resources on
intellectual
property, copyright, and translation tools.
To resolve the question
of TM ownership, at ForeignExchange we incorporate this in all of our agreements
with clients and subcontractors. Everybody involved in medical translation -
client, translation company, individual linguist - should review these resources
and formulate their own policies and legal framework so that they can answer the
question "who owns the TM" once and for all.
Before you go, here are some
additional resources around TMs and intellectual property:
Additional stimuli; listen to the following online interview on the particular topic:
http://blogproz.files.wordpress.com/2011/12/proz-com-podcast-2011-12-16.mp3