To think translators shouldn't be paid royalties?

[Thisfeelslikearipoff]

I'm a published author and one of my books is about to go into another language. This book has been published in several languages already and I am familiar with the international translation process. To my astonishment, for the first time, this translator has tried to make her being paid royalties from book sales a part of her contractual agreement.

My immediate instinct is that no, she shouldn't be claiming royalties here. That is not to diminish her role in any way; I fully acknowledge the effort involved in translating thoughts and concepts from one language to another, and I fully acknowledge the obviously crucial nature of the translators role in a translation. A translation involves several individuals and entities doing their part in a professional manner. There is the author, the translator, the publisher, the distributor, the PR and media company etc etc. Everybody's role is crucial.

After I got this request I did some research and found that yes, for some people this actually is a thing, and I even came across a bizarre argument on a translators website where translators were forcefully asserting that they ought to be "fighting for our rights" to be paid royalties on book sales!

My take on it is this - the translator deserves to be properly compensated for their work, but only once. I really am feeling put out by this, and honestly the financial aspect is the least of what bothers me. I am annoyed that she feels she has a right to royalties on my work. She did not come up with these thoughts and concepts; her role is to bridge the gap between one language and another. AIBU to think she shouldn't be paid royalties on each copy sold?

There is an art to translating literature. It's not just a business document that requires accuracy. For literature or poetry to work in another language it requires you 'writing it' in that language - not just translating words or phrases. YABU imo.

Thank you @WhatTiggersDoBest. I'll just walk away from this translator if she's insistent. I've never come across this before. On top of a generous flat fee this just feels opportunistic.

How many translators do you know, @OmgThereAreNoPlanesAboveMeNow? Of course it's a hard job. Nobody's disputing that. That doesn't mean they do get royalties, though if the OP is dealing with someone herself, that's not to say they might not try it on. A publishing house wouldn't pay royalties to a translator though.

Just to give an illustration to your mirror and how much they have to change without actually changing.
In one language it is a common thing to call someone an intestine if they mess something up. That would just not make any sense to UK audience 🤷🏻 Hence the translator has to go and figure out what fits the best. Quite a PITA

ps I'm not a translator but I have several in my friends and family. I sometimes get asked for help by non English translator friends when they're stuck trying to translate a phrase capturing a certain essence for example. It's bloody hard work that requires a lot more than language fluency.

@HollowTalk 6. 2 are close family members and translate for large publishers and companies.
Maybe it depends on country?

Good translation is a genuine art. Yes, they should get royalties.

YANBU, op.

Dh sometimes works on drug production lines. He gets a flat fee, not a cut of the profits the drug makes.

A translator creates a new text, and owns the copyright of the translated work. Of course s/he deserves royalties.

What @ellanwood said. Translation can become as original a work as the original piece written, when done skillfully. I imagine you would want your translator to improve on your work, if possible. For the sake of your own work. Silly for you to get this wound up about it if money isn't an issue. The translator wrote the book in the foreign language. It wouldn't exist without them.

Isn't it a simple commercial decision for you? Nothing to do with fairness. If you can find another translator who's translation will be skillful enough at a flat fee to earn you more money net than this translator would then follow the money.

Legally the translator is author of the translation. It’s industry standard. So suck it up.

In my experience in fiction, a translator takes a (small) share of royalties in the territory their translation is sold in. Only you can decide if this particular one is worth it you. I’m sure you can get someone for a flat fee. They may not be as good.

It's not a commission, though, its royalties and since the net book agreement has been abolished, authors now earn fuck all from THEIR work. While I agree a skilled translator is invaluable, they still are using someone else's work to do their job, just like a copy editor. No, they should be paid well for doing their work and it should get the recognition it deserves, but royalties should be paid to the original CREATOR of the work. Advances are dropping every year as well, so why should authors pay up even more of their royalties to others who didn't do the bloody hard work of creating the book in the first place? Bring back the net book agreement and make sure more money goes to authors instead of the likes of Amazon and maybe it would be a different story but as far as I am concerned, POSSIBLE royalties are just something that is dangled in front of authors to make them accept lower advances and seeing as every publisher now wants TV, film, audio and theatre rights when you sign up as well a foreign rights, regardless of whether or not they have expertise in the area, authors shouldn't give away any more of their earnings. Translation is a cost of doing business to the publisher, not the author, especially if they block you from selling foreign rights and getting a second bite of the cherry. Sign away every right and then give royalties to a translator, who, by the way, can claim a percentage of PLR? No, no bloody way. Next you will have writers of fan fiction demanding royalties on the book the inspired them because they provide publicity!

Also another point to bear in mind is that in many territories it absolutely is the norm for the translator to get royalties - and I am surprised you haven't come across this if you have already had experience of selling abroad. Calling the translator "opportunistic" and saying that translators are "bizarre" for wanting to have rights to their own work is not a good look. Have you looked at what the situation is in the country/language you are dealing with?

Some of you need to familiarize yourselves with intellectual property laws on translation.

It's not a commission, though, its royalties and since the net book agreement has been abolished, authors now earn fuck all from THEIR work.

The NBA was abolished years ago, it must be at 20 years ago. Anybody who has written a book since then has done so knowing that the NBA doesn't apply (if they have even heard of it) and so it's irrelevant that an outdated and illegal act no longer exists.

If you pay royalties then surely they get less up front at the start. Same as for any author.

@krustykittens But the OP is talking about book sales abroad so not sure what the abolition of the NBA has to do with anything!

How many translators do you know

I know about a thousand, being a member of the professional body for twenty something years. Royalties are standard practice.

Everyone who has written a book since then DOES know about the NBA, it's has been seen as a huge blow to authors and creativity, because the very people producing the work that the publishing industry depends on selling can't earn money from their work and the decision to abolish the NBA is still very much debated. OP, my translator didn't ask for royalties, she was paid well to translate and she gets a small cut of my PLR, which applies to territories she didn't translate for. That's enough in my opinion. Get yourself a good agent because they will make you money when the book is sold to a publisher, which is about the only way most of us make any money these days!

There’s a reason that your book isn’t just run through google translate.
I think a translator is a co-author, though certainly not in the sense of 50/50, or anything like! But words are their craft, same as yours. When your book is translated, part of the work becomes theirs.
You can have the best idea and best characters in the world - if you can’t write it, it will bomb. If translation were exchange one word for another, then they’re not contributing to the creative process. But that’s not how translator works. They’re not just doing a literal translation or even one that technically makes sense. They are making a literary, creative translation. They are also authors here.

So yes, I think it’s perfectly reasonable to propose royalties. But like all contracts - you’re quite a liberty to find a translator who will take a one off payment.

The question being, is it fair?

Yes. It's a legitimate way of being paid for one's work.

Asking for royalties in fact shows she is a pro who knows her job. Flat fees tend to be for beginners who don’t know the industry.

Translation can become as original a work as the original piece written, when done skillfully

The translator is still not the originator of the idea, however well done. They couldn't say it was their own original work, as that would be plagiarism, surely?