In this issue…

Translation Memories: The impact on terminology ownership and business practice
Vision of the Translation Market: An outline of the necessary reforms in Europe’s language industry • Jaap van der Meer, R.R. Donnelley Global Software Services
Business Engineering and Localisation Framework • Judith Jones, Process UK
Genba Wa Tsuyoi • Jan Pfefferkorn, MindShare Consulting
Developing Microsoft’s European Products in Ireland
The LISA Executive Committee Report
The LISA Forum Amsterdam, Holland (3-5 April, 1995)

Translation Memories: The impact on terminology ownership and business practice

The impact on terminology ownership and business practice

In the light of discussions at the November LISA Forum in Mountain View it seems that the issues of ownership and rights of use of translation memories is becoming an increasingly important matter both for suppliers and for vendors alike. Therefore, it is worthwhile for LISA members to develop and agree on some guidelines to cover this area. The following are some thoughts which may start the process of creating such guidelines.

The Issues

Who Owns Translation Memories?
Who Has Rights to Reuse Translation Memories?

Translation Memories result from work performed in two primary ways:

Translation Memories are created by a service provider on a specific project basis which the buyer pays for such efforts directly. E.g., "Here is my software and documentation, please create translation memories for me using TW2"
Translation Memories are created as a result of a vendor using translation tools in the course of providing localisation services. Vendor has decided for productivity reasons or for investment in the future that he will use translation tools for a specific client or project.

In the first case it would appear obvious that the total ownership of translation memories rests with the buyer. The buyer should also hold rights to the publication of such memories at his discretion. The supplier in this instance will have no rights to re-use such memories for other projects unless specifically agreed by both parties in the purchase agreement.

In second case it is clear that the buyer has not invested any funding or other contributions to the creation of the translation memories. The translation memories have resulted from the use by the vendor of CAT/MT tools which he has used in his production systems.

In this case the buyer would have rights to receive copies of such memories but would forego the rights to their publication in their complied form without having the permission of the supplier. The supplier would also have no rights to the publication of such translation memories without the prior permission of the buyer. Both parties would have rights to reuse the translation memories on other projects.

Other Issues

What rights do the individual translators have who helped create the memories?
Can information which is in the public domain be used independently by any party to create translation memories? E.g., MicroSoft GUI Guide
What ownership rights do suppliers have when using proprietary tools to create translation memories?

The circumstances surrounding this topic may vary greatly and it is not possible at this stage to develop an exhaustive list of scenarios which cover all eventualities.

It is recommended that LISA members clarify these issues and establish a set of working guidelines in fairness to all concerned parties.

LISA will be the repository for responses to these issues. A follow-up is planned during our next meeting in Amsterdam, April 3-5, 1995.

Please take some time to consider the concerns for your organization--and communicate your ideas.