Advice on Publishing Translations

It is truly thrilling to see more and more short fiction publishers accepting translations as publishers work to diversify the publishing industry. That said, I’ve encountered or observed a few hiccups along the way that can cause headaches for editors, translators, and authors alike, so I’d like to share my advice regarding some common problems.

As a translator, I’ve had several of my translations published over the last few years, and as an editor during that same time frame, I’ve helped select and escort translations from the submissions pile to publication. As a writer, I’ve signed a variety of contracts from different publishers over the years and heard stories from other writers of contracts gone awry.

Below, you’ll find my advice for Editors/Publishers, Translators, and Authors in three separate sections. I’ve tried to hit the key questions that arise most often (in my experience). If I’ve missed anything, or if you have any clarifying questions, please feel free to comment below or contact me!

I. Advice for Editors/Publishers

1. Clearly state on your submission guidelines if you do/don’t accept translations. One of my pet peeves is when I submit a translation to a magazine because it fits their stated mission and within the purview of the call for submissions, only to receive an email telling me that publication doesn’t accept translations. No one submitting to your publication can tell that you don’t accept translations if you don’t publicly state as much in your submission guidelines.
   
2. Authors, not translators, are responsible for knowing whether rights to translate the story into English are available. Be aware that authors may have signed away their rights for translations of their stories to a non-Anglophone publisher. If this becomes a point of conflict for an authorized translation, remember that the liability for a breach of contract between author and non-Anglophone publisher falls on one of those two parties, not the translator.
   
3. Don’t play third wheel in the author/translator relationship. If a translator or author is submitting an already-translated story, this means they came to an agreement on how to handle payment and publication terms long before you came into the picture. In a work-for-hire situation, the author has asked the translator to translate a work and they have already arranged to compensate the translator. In a pro bono or on spec situation, the author and translator have already established if/then terms for how they will handle splitting any payment when a translation sells.
   
   • The editor/publisher is entitled ask for proof that an author has authorized a translation, or that that the translator has agreed for the author to serve as the legal representative of the translation. This does NOT entitle the editor/publisher to serve as the contract police to the author and translator; keep in mind that in many instances, translation agreements/permissions are finalized via email, not necessarily a formal contract.
     
     • For some editors, this means asking the author to provide an authorization email (which will often NOT be in English, because not all authors speak English; this requires the editors to be able to reliably translate the email themselves, and Google Translate and other machine translation engines are not perfect).
       
     • For others, this can be as simple as verifying that the translator provided the author’s contact information at the time of submission (in the manuscript and/or cover letter).
       
     • Alternatively, you ask the translator for the author’s contact information as well as the date on which the author approved the translation.
       
   • The editor should not ask both author and translator to sign a contract, unless the editor/publisher is specifically commissioning the translator to translate that author’s work. If the translator was the person who submitted the translation, they should be the person signing the contract.
     
   • If an editor or publisher wants the author to also sign a contract, then they must remember that not all authors speak English. It becomes incumbent upon the publisher to professionally translate their contract to make sure it is available to the author in that author’s native language(s).
     
   • Editors/publishers must NOT expect the submitting translator to translate the publisher’s contract for the author, as some translators only work one way (i.e., from a source language into English). If the translator IS comfortable translating to/from English and the source language, then the editor/publisher MUST pay them for the time they spend translating the contract because the editor/publisher is commissioning the contract’s translation.
     
4. Credit the translator. In multiple instances, I’ve submitted a translation on behalf of an author, been the legal representative in the US signing the publication contract as the translator, and received 0 credit when the story goes to publication. If the author is the person submitting the translation, they should state in their cover letter that they performed the translation; if they didn’t, then ask them who the translator was!
   
   Editors publishing translations should credit translators in these places:
   
   • Copyright page (if you’re enumerating copyright for each story in the issue or anthology).
   • Table of Contents (under or after the author’s name).
   • The story itself (under or after the author’s name).
   • Contributor bio section (the translator is contributing, too!)
   • In promotional materials! (especially on social media!)
   • On the back cover! (assuming there’s a list of all contributors)
     
5. Publishers should strive to pay both author and translator. In the non-English short fiction publishing world, it is rare to find markets that pay their contributors, which means that the author probably was never paid for the untranslated work in the first place. Translators make far more money if they instead translate technical writing, copy writing, or medical texts because that is where the money is.
   
   When you pay both an author and a translator, you are telling them that their work matters and adds value to the world. I would argue that one key reason (besides the state of Anglophone conglomerate and indie publishing markets) we don’t see more speculative fiction in translation is because most short speculative fiction translators are typically performing unpaid labor pro bono or on spec. Why?
   
   • Underrepresented authors from places with smaller economies usually can’t afford to commission a translation.
     
   • Being a short speculative fiction author doesn’t pay well in the English-speaking world, and it definitely doesn’t pay at all in most non-Anglophone countries.
     
   • Translators genuinely believe in the short fiction they translate and want to see it reach a wider audience, and they are willing to do hours (or sometimes weeks!) of unpaid labor to advance that end.
     
6. If you are a publisher who pays royalties, pay both author and translator. (see above for justification on why you should pay authors AND translators).
   
7. Be aware that sometimes, you may receive unauthorized translations (i.e., translations an author has NOT authorized). When this happens, you are most often dealing with a new translator who is unfamiliar with copyright laws surrounding translations. The culprit is usually excited to demonstrate their language skills, and doesn’t realize they should obtain permission from an author to translate a given work BEFORE they actually complete a translation. Be aware that in some instances, an author may have already authorized another translator to complete work on the same story! Always make sure translations are authorized before you publish them!
   

II. Advice for Translators

1. Before you begin a translation, obtain approval from the author. It’s easy to be excited about translating a new story, especially one you love! New translators often practice by translating stories they love, but they don’t always realize they’re interesting in pursuing publication until after they’ve completed their draft translation. However, as a translator, you should do your due diligence and request the author’s authorization for your translation first. That way, you avoid wasting time you could be spend working with other authors willing to have you translate their equally wonderful and amazing stories.
   
2. If you want to translate a story, do your research! Make sure someone else hasn’t already translated the story. Search for ways to contact the author. This can include website contact forms, literary agents, email addresses, etc. Reach out to the author and tell them how much you love their story and lay out what they can expect from working with you. Be clear whether you expect the author to pay you. If you expect the author to pay you, be sure to tell them what your expected turnaround time will be for a first draft.
   
3. Obtain the author’s approval to work on the translation in writing. This can be via email, direct message, or even formal contract. Once you have that authorization, SAVE IT! You never know when a publisher might ask you for it years later (even if it’s not in English).
   
4. If an writer asks you to translate their work, negotiate terms of payment any deadlines before you start translating. Determine whether this will be a work-for-hire job, in which case the author will retain rights to your translation. If it is a work-for-hire job, this means you will need to ask the author’s permission before trying to print or reprint the translation.
   
5. Ask your writers whether they hold translation rights to their story. It is the author’s responsibility to know which rights they signed over to their publisher, and to verify whether they (as the author) are able to authorize the translation of their published work.
   
6. Establish payment terms. How will you and the author split any payment received for the sale of your translation? Will you and the author split payments 50-50, or will you keep the whole payment? How will you send the author their share?
   
7. If you are working on translations for a publisher, you won’t need to worry obtaining permissions from the author. The publisher’s team will handle that and will ask both you and the author to sign contracts. Remember to advocate for yourself and don’t undervalue your services. This will be a work-for-hire situation and rights for the translation will belong to the publisher, which means you will need to obtain the publisher’s permission to reprint or republish the translation in the future.
   
8. Establish deadlines, and promptly communicate to your clients any changes or unforeseen circumstances that may hinder your ability to complete the translation. Established timelines help keep you on schedule. Health problems and life happen, and they will throw you off schedule. When they do, tell your clients! You don’t have to share your life story, but you do owe them a heads up that you’re running behind schedule. Be aware that your clients can revoke their authorization of a translation project if they are unsatisfied with your ability to deliver a completed translation in a timely matter.
   
9. If the writer has authorized you to serve as their literary agent or legal representative for the translation, be sure to tell them when you find a home for it! If money is involved, make sure the author receives whatever share of payment the two of you agreed upon. Tell them the story has sold, and tell them to expect payment via the pre-arranged payment method.
   
10. If an editor accepts your translation but has questions for you (and/or the writer), answer them and act as the intermediary with the writer when necessary. Editors sometimes have questions about an author’s intent with specific phrases or word choices. Perhaps the editor wants to know whether there is additional content that could be added to the story, or whether the writer would be comfortable cutting specific words or passages from the translation. Translate questions and responses between editor and author as accurately and promptly as possible.
    
11. Make sure you receive credit for your work! Historically, translators have been omitted or overlooked when a work goes to print. Be sure any contracts you sign state you will be credited as translator. If you notice you (or the author) haven’t been properly credited in a published work, notify the editor or publisher and ask them to fix this error promptly for all digital and future print editions (if applicable). Translators should be credited in these places:
    
    • Copyright page (if you’re enumerating copyright for each story in the issue or anthology).
    • Table of Contents (under or after the author’s name).
    • The story itself (under or after the author’s name).
    • Contributor bio section (the translator is contributing, too!)
    • In promotional materials! (especially on social media!)
    • On the back cover! (assuming there’s a list of all contributors)
      

III. Advice for Authors

1. Establish the terms of work before the translation starts. Be clear about whether this will be work-for-hire (i.e., the rights to the translation will be yours because you are paying the translator, so the translator will need to obtain your permission before publishing or reprinting the translation) or pro bono or on spec (i.e., the translator will retain rights to the translation, so you will need to obtain the translator’s permission before publishing or reprinting the translation). Will the translator also be performing the function of a literary agent by helping you find a publisher for the finished translation?
   
2. Establish payment terms before the project starts. When asking a translator to work with you, be clear whether you can pay them (and, if so, how much). For pro bono or on spec translations, be clear how the two of you will handle any profits from selling the translation. Some publishers are prepared to pay both translator and writer separately. In others, the writer and translator will privately decide how they want to split hypothetical payment in case of a successful story sale.
   
3. Have a written agreement. Contracts are very useful for clearly laying out expectations by setting deadlines, establishing payment terms, and ensuring both author and translator are clear who will hold the rights to the finished translation. Agreements reached by emails and or direct message are also legally binding in the United States (just make sure you download copies and/or take screenshots for your records!).
   
4. Communicate your deadlines. Clearly communicate project deadlines (or when sections of the project will be due). Translators are often working on multiple projects, and you are not their only project. Deadlines help them prioritize projects. If you are dissatisfied with how long a translator is taking, don’t be afraid to contact them and ask for updates.
   
5. Changing translators. If you authorized a translation, but want to work with a different translator instead, you MUST notify the original translator with whom you are annulling your agreement BEFORE you authorize the new translator to begin work. Unless otherwise specified in your contract or agreement with the original translator, you can cancel your authorization at any time while the translation is being drafted. For a work-for-hire project, you MUST pay the translator for the work they completed up to the cancellation date.
   
6. KNOW YOUR RIGHTS! Who holds the rights to your work?
   
   • If your story has not been published before, you are the sole rights-holder. If you self-published your story, the rights to your story generally still reside with you. (Publishers consider posting on blogs, social media, Patreon, etc. as forms of first publication!)
     
   • If your story has been published before AND you signed a contract: pay attention to the contract language. Did your contract with the publisher include a clause about translations? If so, you will likely need to obtain that publisher’s permission BEFORE you collaborate with a translator on that piece.
     
   • According to US law, fanfiction and translations of fanfiction cannot be copyrighted.
     
7. Does your publisher’s contract include a translation clause? If so, before you sign the contract, read carefully! Find out whether you’re signing away all future translation rights for your story to the publisher. If you are uncomfortable with the terms of a translation clause, you can:
   
   • Ask the publisher to remove that clause.
     
   • Ask the publisher to alter the clause by adding a specific date after which all future translation rights to the story revert back to you.
     
   • Ask the publisher to pay you an additional sum as compensation for taking away your translation rights. (What if someone wants to translate your story, and that translation is a hit in other countries? What if all royalties for a translation or film adaptation of a translation go to the publisher instead of you?!)
     
   • Refuse to sign the contract if the publisher insists on this rights grab (because, let’s be honest, that’s what it is).
     
8. Once the translation of your story has been published, double-check to make sure both you AND your translator are credited for your work! Historically, translators have been omitted or overlooked when a work goes to print, meaning they are not properly credited. Writers can help by demanding publishers credit translators for their work. If you notice your translator isn’t being properly credited in a published work, notify the editor or publisher and ask them to fix this error promptly for all digital and future print editions (if applicable). If translator credit is missing from your website or post, fix it! Translators should be credited in these places:
   
   • Copyright page (if you’re enumerating copyright for each story in the issue or anthology).
   • Table of Contents (under or after the author’s name).
   • The story itself (under or after the author’s name).
   • Contributor bio section (the translator is contributing, too!)
   • In promotional materials! (especially on social media!)
   • On the back cover! (assuming there’s a list of all contributors)

I hope this helps! Please let me know if you’ve got questions!