Ethical approach to translation memory reuse: discussions from copyright and business ethics perspectives

ABSTRACT

Under existing copyright provisions, translation memories are protected as “composite works” comprised of source texts and their translations, or as “databases” when created with a large volume of the source text and target text pairs. Freelance translators should exercise copyright to translations in line with the “sweat of the brow” principle. However, the translation industry maintains practices that dispossess translators of translation memories and reuse them without translators’ approval. When examined based on Kant's categorical imperative, this utilitarian practice is deemed unethical since it violates individual translators’ rights. This study offers proposals for promoting the ethical reuse of translation memories. First, translations by freelancers should be excluded from works-for-hire to allow the global protection of language assets and the rights of freelancers. Second, a collective licensing regime for translation memories should be introduced to promote distributive justice and the free circulation of knowledge.

KEYWORDS:

• CAT tools
• copyright
• ethics
• freelance translator
• translation memory
• post-editing

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 The term “literary works” in copyright provisions refers to various types of texts, including but not limited to literature. Refer to the website of the US Copyright Office at https://www.copyright.gov/register/tx-examples.html.

2 There are certain types of texts that are created by several authors, such as technical writers. These texts are often translated and updated by more than one translator. In particular, TM tools are frequently used to translate fragments of texts, or individual segments that have been updated, rather than “texts” in the conventional sense. If the new translator translates a significant portion of an updated text, the creative endeavor turns the translation into a joint work and earns the new translator co-translatorship. The translators will be paid for the reuse of their translation, not their segments. If the proportion of the new translation is insignificant, however, such minimal modification makes the new translator a mere reviser or assistant. Under the principle, specifics of the policies on distribution of license incomes among co-translators should be devised based on the discussions among the parties of interests.

3 Digital rights management (DRM) technologies could be employed to register holders of copyrights and their works and allow the persons who desire to use the works to request a license through the server (Yang and Jong-ho 2010, 36–38). DRM can register authors and translators as copyright holders to their creations, and track and pay for the use of the registered works.