| Pages in topic: < [1 2] | End client doesn't pay Thread poster: Jorim De Clercq
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Gad Kohenov 
Israel
Local time: 20:30
English to Hebrew
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| Tomás & Sheila | Dec 7, 2014 |
If the client pays the "1" can be changed into a "2". Would you work with someone who constantly gets a "2"?
Tomás you must be living it what is called in Spanish "el País de las Maravillas.". They didn't pay after 9 months! that's really too much. The more the translator waits the worse things become.
Even if the agency was not paid (remains to be proved) it is no problem of the translator. A PO or even an e-mail in which they agreed to your price and turnaround should suffice.... See more If the client pays the "1" can be changed into a "2". Would you work with someone who constantly gets a "2"?
Tomás you must be living it what is called in Spanish "el País de las Maravillas.". They didn't pay after 9 months! that's really too much. The more the translator waits the worse things become.
Even if the agency was not paid (remains to be proved) it is no problem of the translator. A PO or even an e-mail in which they agreed to your price and turnaround should suffice.
If they payment is substantial you should have asked for an advance, which obviously you didn't.
Sometimes you have to get rid of a client and make place for a new client. Agencies that used to be good payers can become bad or non-payers. It's no secret.
G.K. ▲ Collapse
| | | | | Legal action is needed, without contacting the end customer | Dec 7, 2014 |
Gad Kohenov wrote:
Tomás you must be living it what is called in Spanish "el País de las Maravillas.". They didn't pay after 9 months! that's really too much. The more the translator waits the worse things become.
I entirely agree that legal action is needed at this stage. I am pretty sure I would not have waited for 9 months. What I absolutely do not agree with is contacting the end customer, for the reasons already explained.
| | | | jyuan_us
United States
Local time: 13:30
Member (2005)
English to Chinese
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| Is there any law that support this statement? | Dec 8, 2014 |
Katalin Horváth McClure wrote:
You could mention that you own the copyright to the translated text until you are paid, and nobody can use it. It worked for me in the past.
Katalin
I used it myself once but I felt the statement might not be well grounded. The client just happened not to know if the statement is legitimate or not.
| | | | Jorim De Clercq
Ecuador
Local time: 13:30
Member (2012)
English to Dutch
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TOPIC STARTER
Thanks everybody for the advice!
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Amr Gamal
Egypt
Local time: 20:30
English to Arabic
| Legal Association | Dec 10, 2014 |
I suggest establishing something like a legal association worldwide for protecting translators against such a case.
What are your opinions?
| | | | | Context is everything | Dec 10, 2014 |
jyuan_us wrote:
Katalin Horváth McClure wrote:
You could mention that you own the copyright to the translated text until you are paid, and nobody can use it. It worked for me in the past.
Katalin
I used it myself once but I felt the statement might not be well grounded. The client just happened not to know if the statement is legitimate or not.
Dear jyuan_us,
The sentence you quoted from my post was preceded by a question asking whether there was an agreement, and if it included a clause about copyright.
Regardless of what the default legal situation is in the given jurisdiction, a good agreement would have a copyright clause like this in it (this is quoted verbatim from the ATA's model contract):
"Translation is property of client, copyright. Upon Client's completion of all payments provided herein, the translation of the item(s) described in paragraph 1 above shall be the property of Client."
http://www.atanet.org/business_practices/model_translation_job_contract.php
But even without specifically referring to copyright, the agreement is to produce a piece of work in exchange for payment. If the product is taken and used (therefore, deemed acceptable) without payment, that is stealing.
[Edited at 2014-12-10 14:45 GMT]
| | | | John Fossey
Canada
Local time: 13:30
Member (2008)
French to English
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| Copyright in translations | Dec 10, 2014 |
jyuan_us wrote:
Katalin Horváth McClure wrote:
You could mention that you own the copyright to the translated text until you are paid, and nobody can use it. It worked for me in the past.
Katalin
I used it myself once but I felt the statement might not be well grounded. The client just happened not to know if the statement is legitimate or not.
The Canadian Copyright Act defines copyrighted material as follows, including translations:
2. In this Act, “every original literary, dramatic, musical and artistic work” includes every original production in the literary, scientific or artistic domain, whatever may be the mode or form of its expression, such as compilations, books, pamphlets and other writings, lectures, dramatic or dramatico-musical works, musical works, translations, illustrations, sketches and plastic works relative to geography, topography, architecture or science;
Article 2(3) of the Berne Convention, the basis for the WIPO treaty signed by most countries, states:
(3) Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.
There are some minor differences in how a translator's copyright applies from one country to another but the end result is the same - a freelance translator has a copyright to the translation. It's different for a translator who is an employee - in that case his employer owns the copyright.
The law applies notwithstanding any contract - a clause in a contract that refused to admit the translator's copyright is simply void. In addition, if a client has not paid they have breached the contract so it no longer applies anyway.
Copyright is a big deal these days, with internet piracy. Infringing a copyright is often considered an economic crime, not merely damages to the copyright holder.
[Edited at 2014-12-10 15:17 GMT]
[Edited at 2014-12-10 15:29 GMT]
| | | | | I finally got paid today! | Dec 10, 2014 |
I chased a direct client for more then 8 weeks with friendly reminders, e-mails, skype messages, a phone call and nobody at their firm bothered to pass my messages on, or reply in any shape or form. It turned out that the client had gone away for a month, but even after returning publishing my text seemed to be his priority, and that really annoyed me. It does seem odd that he used my work while it slipped his mind that he had not paid me, especially with a pile of reminders?
Today ... See more I chased a direct client for more then 8 weeks with friendly reminders, e-mails, skype messages, a phone call and nobody at their firm bothered to pass my messages on, or reply in any shape or form. It turned out that the client had gone away for a month, but even after returning publishing my text seemed to be his priority, and that really annoyed me. It does seem odd that he used my work while it slipped his mind that he had not paid me, especially with a pile of reminders?
Today I decided to call one last time, the person I worked with was not there, but the tone of my voice must have been quite determined (I didn't even threaten anything) - that employee must have contacted the client and within an hour he had apologized and paid all the bills!!
So I am very happy now, I had just gotten all the POs together and was thinking of looking for a collection agency. ▲ Collapse
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ALMIAAD
Tunisia
Local time: 19:30
English to Arabic
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| A client, agency member of Proz, refuses to pay me for an invoice due 15th October | Dec 12, 2014 |
Dear Colleagues,
I translation agency from Argentina, member of Proz, is refusing to pay an invoice due 15th Octber 2014.
What do you suggest doing to get my payment?
Almiaad Lingua
www.almiaad.com
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