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Job posting and Professional Ethics at present
Thread poster: Ritu Bhanot
Ritu Bhanot
Ritu Bhanot  Identity Verified
France
French to Hindi
+ ...
TOPIC STARTER
Not at all applicable to the work that I Do - Financial and legal work as well as agreements Apr 6, 2018

Lincoln Hui wrote:

A project is a project, they do not require you to disclose who the client was (and that would not be right to ask for). Samples are meant to be short excerpts, a few paragraphs at most. You can change the text (both source and target) to disguise the identity of the client, the product, the system or whatever the topic is.

If the translation is something that appears online, how much would you have to change for it to not show up in a search?

My work is never available online.

There are clauses that are applicable for financial work, legal work and agreements.

This is not at all what I spoke about.

You are far from the mark.


 
Katalin Horváth McClure
Katalin Horváth McClure  Identity Verified
United States
Local time: 13:12
Member (2002)
English to Hungarian
+ ...
"going around claiming to have translated W for X" Apr 7, 2018

Mirko Mainardi wrote:

As I was saying in my previous comment, if you're not explicitly given credits as translator for a specific work, then I believe you shouldn't really be going around claiming to have translated W for X, also considering that in some cases X may be totally unaware you were the one who translated W for them (through Y)..


... yes, which is why I said: "12,000 words of user manual material for a major electronics manufacturer".


 
Katalin Horváth McClure
Katalin Horváth McClure  Identity Verified
United States
Local time: 13:12
Member (2002)
English to Hungarian
+ ...
NDA = Non-Disclosure Agreement Apr 7, 2018

Mirko Mainardi wrote:

Katalin Horváth McClure wrote:

If the translation appears online, then it is in the public domain, and not protected by NDAs anyway.


Maybe it's just me, but the definition of "public domain" is "the realm embracing property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to appropriation by anyone" ( http://www.merriam-webster.com/dictionary/public%20domain ). In our case, translated material is basically always covered by copyright, and for technical translation, translators usually cede those copyrights to their clients.


Maybe "in the public domain" is not the perfect term here, but what I meant is that the content, even if it was the subject of a non-disclosure agreement, has already been disclosed to the public. At that point, the NDA does not apply to that specific piece of info. In all of the NDAs and Translation Agreements I signed, there was a clause about this.
Here is a typical clause about confidentiality (I believe this is from or based on the ATA model contract):
Confidentiality.
All knowledge and information expressly identified by Client in writing as confidential which Translator acquires during the term of this Agreement regarding the business and products of Client shall be maintained in confidentiality by Translator and, except as expressly authorized by Client in writing, shall not be divulged or published by Translator and shall not be authorized by Translator to be divulged or published by others. Confidential information for purposes of this paragraph shall not include the following:

a. Information which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by Translator of this paragraph.

...



Copyright is discussed in other clauses, as that is a different issue.

[Edited at 2018-04-07 02:55 GMT]


 
Ritu Bhanot
Ritu Bhanot  Identity Verified
France
French to Hindi
+ ...
TOPIC STARTER
Comments of no use - Please do not comment if you do not know. Thank you Apr 7, 2018

PLEASE STOP COMMENTING WITHOUT KNOWING THE CONTEXT.

IT IS NOT AT ALL IN PUBLIC DOMAIN.

MY CONTRACTS ARE PRIVATE AND NOT AT ALL IN PUBLIC DOMAIN.

THANK YOU.

PLEASE STOP SPEAKING ABOUT THINGS AND SITUATIONS THAT YOU DO NOT REALLY KNOW.

I AM NOT AT ALL INTERESTED.


 
Mirko Mainardi
Mirko Mainardi  Identity Verified
Italy
Local time: 19:12
Member
English to Italian
Apologies Apr 7, 2018

Dear Ritu, please accept my most heartfelt apologies for writing on-topic posts in a thread you started in a public forum, as I foolishly thought you were interested in hearing other people's opinions on the topic and implications of clients' requesting "samples of previously completed projects". Peace out

 
Kay-Viktor Stegemann
Kay-Viktor Stegemann
Germany
Local time: 19:12
English to German
In memoriam
Stop being offended Apr 7, 2018

Ritu, it seems it is easy to offend you. But that will get you nowhere.

Keep in mind that you are participating in an international market, where behaviors, styles, practices, manners of speaking, prices, conditions and everything vary very much, and where misunderstandings are prone to happen.

It is quite normal that someone addresses you with a proposal that you are not prepared to accept. It happens every day to everyone of us. You can simply ignore any proposal if y
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Ritu, it seems it is easy to offend you. But that will get you nowhere.

Keep in mind that you are participating in an international market, where behaviors, styles, practices, manners of speaking, prices, conditions and everything vary very much, and where misunderstandings are prone to happen.

It is quite normal that someone addresses you with a proposal that you are not prepared to accept. It happens every day to everyone of us. You can simply ignore any proposal if you deem it not worth negotiating. Or you can start negotiations when you think that something might come of it. I think that in your case, you still can negotiate. State your own conditions in a polite and positive way, for example that confidentiality is a high priority for you and your previous contracts do not leave room for any sort of disclosure.

But being offended or angry about something like that - why bother? Move on. Worrying and complaining is simply unproductive. Spend your energy with finding good clients and keeping them satisfied, and simply ignore those who ask too much or offer too little.

And ethics has nothing to do with it. It is not unethical to make a proposal that is unfavorable to the other side, as long as the other side has the freedom to decline this proposal.
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DZiW (X)
DZiW (X)
Ukraine
English to Russian
+ ...
"IF" is good Apr 7, 2018

If a clients wants something, then it's up to a translator to accept, amend or reject it, let alone--
Ritu Bhanot already wrote:

If available and interested please:
(1) Provide copy of your resume
(2) Samples of previously completed projects
If you can't or not willing to, then it's your own choice--no matter who or what made you thinking that way. However, which exactly words are allegedly copyrighted or somehow restricted?

And the vague notion about the this thread and the resume/CV being a part of an NDA was really funny, indeed)


 
Maxi Schwarz
Maxi Schwarz  Identity Verified
Local time: 12:12
German to English
+ ...
My response to such requests Apr 7, 2018

Ritu,
When a new client (agency) contacts me, often they don't know me from Adam. They have some kind of way to solve their problem of knowing of the translator is competent. I understand their situation, so I offer them alternatives, explaining why I can't do what they ask. They can contact my professional organization to check my background, or they might want to start with a smaller project until they have gained some trust. But no, I can't give samples of work that my other clients
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Ritu,
When a new client (agency) contacts me, often they don't know me from Adam. They have some kind of way to solve their problem of knowing of the translator is competent. I understand their situation, so I offer them alternatives, explaining why I can't do what they ask. They can contact my professional organization to check my background, or they might want to start with a smaller project until they have gained some trust. But no, I can't give samples of work that my other clients have entrusted to me. You have to remember that while we're professionals, the people hiring us often are not, and some are grasping at straws. Gentle guidance can be in order.

Re: NDAs. Often there are no NDAs to be signed with my clients, but confidentiality is understood through the nature of the work. It is also in the code of ethics of the ATIO, where I am a certified member. My work is not in the public domain. That is, an article on the position of Chinese medicine was published in translation by the client who hired me - but it was put in the public domain by them, not me.
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Job posting and Professional Ethics at present







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