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Can a translation of a ST I don't have rights for be in my portfolio if it's under 100 words?
Thread poster: Anita Vykydalová
Anita Vykydalová
Anita Vykydalová  Identity Verified
Czech Republic
Local time: 21:02
English to Czech
May 16, 2022

Hello, I am just starting as a freelance translator and all I currently have for my portfolio are texts translated during my Literary Translation master's course. I was told by the course director that these translations can be used as portfolio if I only use samples of up to 100 words, as I don't own the ST rights. In the Proz.com profile section where portfolio translations can be added a box needs to be ticked to confirm that I own the source text or have explicit permission to use it. Can I ... See more
Hello, I am just starting as a freelance translator and all I currently have for my portfolio are texts translated during my Literary Translation master's course. I was told by the course director that these translations can be used as portfolio if I only use samples of up to 100 words, as I don't own the ST rights. In the Proz.com profile section where portfolio translations can be added a box needs to be ticked to confirm that I own the source text or have explicit permission to use it. Can I tick it in this case when I do not have the ST right or explicit permission, but the ST is under 100 words, or would it be considered a copyright violation?

Thank you so much for your advice. ▲ Collapse
 
Anton Konashenok
Anton Konashenok  Identity Verified
Czech Republic
Local time: 21:02
French to English
+ ...
Use copylefted texts May 16, 2022

Some texts are published under "copyleft", an open license explicitly allowing public use. Wikipedia articles are a good example. If you translate one that hasn't been translated into your language, you are actually doing a service to the community rather than infringing copyright.

Yolanda Broad
Mr. Satan (X)
 
Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 21:02
Member (2006)
English to Afrikaans
+ ...
@Anita May 17, 2022

Anita Vykydalová wrote:
I was told by the course director that these translations can be used [in a] portfolio if I only use samples of up to 100 words, as I don't own the [source text] rights.

It's possible that your lecturer meant a portfolio that you send to specific people when they specifically request to see your portfolio. He might not have meant "post it on a public web site" on a page that has a heading called "portfolio". I believe the 100-word rule (that I've never heard of, but which can kinda make sense) is meant to show to the rights owner that you respect his rights. But if you post the text on a site with thousands of views per day, and you do so for strictly commercial purposes, do you truly think that the owner will still feel that you're respecting his rights?

Your lecturer appears to be applying the US "fair use" doctrine, which evaluates the purpose of the use, the amount used, and the impact on the market of the original work, when deciding whether something breaches copyright or not. But "fair use" doesn't apply in Ireland. Ireland has "fair dealing", which is similar but also different. "Fair dealing" doesn't apply to your situation, though, because when you use text in your business portfolio, you're not using it for "research, private study, criticism, review or reporting current events". The amount of words that you use is not relevant.

Mr. Satan (X)
 


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Can a translation of a ST I don't have rights for be in my portfolio if it's under 100 words?






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