We never signed a contract with the agency but only got POs from time to time. The PO says to not contact the end client for 3 months from order (the period has expired)
In that case the default situation is that the (c) is yrs. It belongs to the author. It is as simple as that.
Does that answerthe question.? Can I assist any further?
I am happy tofollow up any individual point you make
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so can we prevent the end client from using the document?
We areexperiencing some site problems today so please bear with me. It is out of mycontrol.
They can use itwithin the terms of the agreement they had with the company that supplied it tothem.
Howevertranslation is unlikely to attract actionable breach of © unless there is anydegree of interpretation.
There is © in yourdocument but if they got it translated by someone else, then translation shouldbe virtually the same and there can be no element of plagiarism or breach ofcopyright
I can't see whatthe problem is because you appear to have been paid or are you saying that thecustomer paid the agency and it is the agency that the customer paid that wentbust
The end client paid the agency based in ITaly but they didnt pay us...the Italian agency owes us about 28K € (we have paid most of our translator for this).
In which case,they can use it in accordance with their contract with the company that wentbust. The end user is blameless in this and the way a court would look at it(there are practicalities if you were enforcing this in Italy in any eventbecause of different law and court system), is that you had a contract with thecompany that went bust so you lose your money. The end company will be able touse it.
If in your termsand conditions there was a Retention of Title Clause which meant that anytranslation was yours until paid in full by however bought it from you, youthen have a claim against the end company because they bought something whichthe seller did not own. If you do not have that condition in their, I'm afraidthat you have no claim against the end user because your claim only rests withthe company that went bust.
There is anotherpractical problem and that is that even if you did have a claim, they couldgive you the translation back, having copied it, and simply say that whateverthey did in future was a new translation and not yours. So you will see thatapart from the legalities (which could be subject to a court case or debate)there are numerous practical difficulties
I'm sorry, Iappreciate that this is not the answer you wanted but there is no point in memisleading you.