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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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hi I am the CEO of a translation agency. We have done some

Customer Question

hi I am the CEO of a translation agency. We have done some work for another agency based in Italy. Now the agency has closed without paying the bill. The direct client paid his bills. Can we claim copyrights?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
What does your contract say on the subject of (c)
Customer: replied 3 years ago.


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)

Expert:  Stuart J replied 3 years ago.

In that case the default situation is that the (c) is yrs. It belongs to the author. It is as simple as that.

 



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Customer: replied 3 years ago.


so can we prevent the end client from using the document?

Expert:  Stuart J replied 3 years ago.




We are
experiencing some site problems today so please bear with me. It is out of my
control.

They can use it
within the terms of the agreement they had with the company that supplied it to
them.



However
translation is unlikely to attract actionable breach of © unless there is any
degree of interpretation.



There is © in your
document but if they got it translated by someone else, then translation should
be virtually the same and there can be no element of plagiarism or breach of
copyright



Expert:  Stuart J replied 3 years ago.
PS



I can't see what
the problem is because you appear to have been paid or are you saying that the
customer paid the agency and it is the agency that the customer paid that went
bust



Customer: replied 3 years ago.


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).


Thanks


 

Expert:  Stuart J replied 3 years ago.




We are
experiencing some site problems today so please bear with me. It is out of my
control.

In which case,
they can use it in accordance with their contract with the company that went
bust. 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 event
because of different law and court system), is that you had a contract with the
company that went bust so you lose your money. The end company will be able to
use it.



If in your terms
and conditions there was a Retention of Title Clause which meant that any
translation was yours until paid in full by however bought it from you, you
then have a claim against the end company because they bought something which
the seller did not own. If you do not have that condition in their, I'm afraid
that you have no claim against the end user because your claim only rests with
the company that went bust.



There is another
practical problem and that is that even if you did have a claim, they could
give you the translation back, having copied it, and simply say that whatever
they did in future was a new translation and not yours. So you will see that
apart from the legalities (which could be subject to a court case or debate)
there are numerous practical difficulties



I'm sorry, I
appreciate that this is not the answer you wanted but there is no point in me
misleading you.



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