Question What are the consequences of unlicensed translations

Discussion in 'Translator's Corner' started by littlebean, May 30, 2020.

Thread Status:
Not open for further replies.
  1. littlebean

    littlebean Active Member

    Joined:
    Mar 24, 2020
    Messages:
    11
    Likes Received:
    3
    Reading List:
    Link
    I've recently started translating a chinese novel and was wondering what's the potential outcome that could happen. I know that there are many groups that don't have a proper license to be translating some series and is thus, somewhat illegal. Personally, I also picked up a novel without prior permission from the author (5000 chapters) just for fun since I couldn't find the actual site it was being published at.

    Although it's technically illegal, there are many people doing so. So, I was wondering what is the worst case scenario where the author finds out and express their dissatisfaction? I'm not sure about the law surrounding transformative work (if this is even considered). Can they immediately issue a dmca or a lawsuit demanding compensation? Or would they have to send me a cease and desist notice first? If I respond by taking down every single chapter, would I still be liable for a lawsuit?

    I know about the some matters that happened with QI(webnovels) some time back, but I don't know how severe the situation can be and how risky it is to translate unlicensed novels. I know that translating for commercial/profit would usually make it worse since I intend to run some ads on my site to cover webhosting cost. So what is the worst possible outcome here, and how can I avoid that (other than not translating in the first place/contacting the author directly and requesting a license since it is impossible for me to do so)?
     
  2. Westeller

    Westeller Smokin' Sexy Style!! Staff Member

    Joined:
    Apr 3, 2016
    Messages:
    8,176
    Likes Received:
    24,958
    Reading List:
    Link
    The author and/or publisher may ask you to stop, and you'll probably receive a DMCA notice.

    ... That's it. Strictly speaking, they have the right to sue you for damages, and very well could exercise that right. To the best of my knowledge, however, no fan translator has ever faced a lawsuit over copyright violation. Of course, if you tell the author to fuck off, publicly sell your translations and make a boatload of cash, and whatnot, you could be the first.
     
  3. lygarx

    lygarx Lazy Translator

    Joined:
    Feb 16, 2016
    Messages:
    1,870
    Likes Received:
    1,978
    Reading List:
    Link
    if you don;t make money from it and fan translate, as long as you keep moving around your sites ip address and use proxies to host for you instead aka (aggregator sites), you wont be dcma sued. A lot of fan translators complain about the aggregators ripping chapters from their sites and 'stealing' from them, they forget that they themselves are illegally hosting content too. they don't actually own anything and should not feel so entitled. these proxies have a purpose of throwing off your scent. so that the authorities don't go after you.
     
    EndlessAbyss, Vesica and littlebean like this.
  4. nonononononono

    nonononononono NONONONONONONONONONONONONONONONONO

    Joined:
    Feb 8, 2017
    Messages:
    2,141
    Likes Received:
    1,852
    Reading List:
    Link
    just take down your translation when they ask you, then you will be fine. I'm just curious what kind of novel has 5k chapters but you couldn't find its publisher's site. If you don't mind telling me what name it is, I will help you to find it out.
     
    Vesica and littlebean like this.
  5. asriu

    asriu fu~ fu~ fu~

    Joined:
    Jan 9, 2016
    Messages:
    18,552
    Likes Received:
    18,152
    Reading List:
    Link
    worst? you can be sued for money
    usual case on bad thing, take down your translation, worse say goodbye to your site~
    if all good then nothing happen~

    as for Qi aka webnovel.com it drama involve rumour the translator threatened to force join Qi~ or backstabbing site "poach" translators~
     
    littlebean likes this.
  6. littlebean

    littlebean Active Member

    Joined:
    Mar 24, 2020
    Messages:
    11
    Likes Received:
    3
    Reading List:
    Link
    Sure, I'm translating Supreme Pupillary Master: Peerless Eldest Miss. (至尊瞳术师:绝世大小姐)
    I picked it up on a whim lol. It's my first time translating a cultivation novel so I when I typed the name of the raws in, a bunch of websites appeared, but none looks like an actual publisher site. I'm thinking that aggregators must have flooded the google search. Either that or I'm blind. I currently only have 14 chapters released though since I have other projects on the side.

    That'll be hilarious but I don't wanna end up in prison

    Yeah, I was also wondering that if I liable for damages to the author, then would those illegal MTL or aggregator sites that are clearly profiting off their work be liable too? Doesn't that mean that the author would have to go around suing 10-20+ sites? (rough estimate I have no idea how many sites there are)
     
    Last edited by a moderator: May 30, 2020
    WhiteMoonlight and Westeller like this.
  7. nonononononono

    nonononononono NONONONONONONONONONONONONONONONONO

    Joined:
    Feb 8, 2017
    Messages:
    2,141
    Likes Received:
    1,852
    Reading List:
    Link
    https://baike.baidu.com/item/至尊瞳术师
    there you go, it belongs to Qidian/Webnovel and its manga version belong to Tencent.
     
    Kenny_Stryker and littlebean like this.
  8. littlebean

    littlebean Active Member

    Joined:
    Mar 24, 2020
    Messages:
    11
    Likes Received:
    3
    Reading List:
    Link
    Oh dang... A big company. Is this one of those sites that I should look out for and probably drop? Idk if tencent has a history of sueing translators......
     
  9. nonononononono

    nonononononono NONONONONONONONONONONONONONONONONO

    Joined:
    Feb 8, 2017
    Messages:
    2,141
    Likes Received:
    1,852
    Reading List:
    Link
    they won't sue you, but they will DMCA you. If you really like that novel, then just translate it and don't think too much about it. And when the time comes, just wish the best to whoever takes over the novel. Because whichever the novel you are going to translate, the outcome will be the same if you don't pay for the license.
     
    Snowbun and littlebean like this.
  10. lygarx

    lygarx Lazy Translator

    Joined:
    Feb 16, 2016
    Messages:
    1,870
    Likes Received:
    1,978
    Reading List:
    Link
    aggregator sites is like a hydra's head. you can cut one off, but another one will literally pop up in its place. they cant be stopped.
     
    EndlessAbyss likes this.
  11. Madman123

    Madman123 New Member

    Joined:
    Apr 30, 2021
    Messages:
    4
    Likes Received:
    0
    Reading List:
    Link
    Have there been any known cases of people needing to pay a fine or going to jail for translating? Is there anyone that got more than just a DMCA is what I'm trying to say?
     
  12. nonononononono

    nonononononono NONONONONONONONONONONONONONONONONO

    Joined:
    Feb 8, 2017
    Messages:
    2,141
    Likes Received:
    1,852
    Reading List:
    Link
    unless you tell the publisher where you live. Otherwise, it is highly unlikely that they know which country's authority they need to contact.
     
  13. Madman123

    Madman123 New Member

    Joined:
    Apr 30, 2021
    Messages:
    4
    Likes Received:
    0
    Reading List:
    Link
    Pretty sure they can find you if they hire a lawyer from the country where the translator is and sue them there. But has any author or publisher done that though?
     
  14. nonononononono

    nonononononono NONONONONONONONONONONONONONONONONO

    Joined:
    Feb 8, 2017
    Messages:
    2,141
    Likes Received:
    1,852
    Reading List:
    Link
    the problem is they have to know which country the translator is from first.
     
  15. Madman123

    Madman123 New Member

    Joined:
    Apr 30, 2021
    Messages:
    4
    Likes Received:
    0
    Reading List:
    Link
    True. So in the past, no one has gotten more than a DMCA right?
     
Thread Status:
Not open for further replies.