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mots Tercüme Written translation for organisations
Contracts and commercial terms | Last updated: 25 August 2026
Contracts and commercial terms Contract

Intellectual property

The rights in the translated text, their assignment and their relationship with the rights in the source text.

The rights in the translated text do not pass to the client of their own accord; this is a matter that has to be regulated by contract. In corporate jobs the client wants to use the text freely, and that needs to be in writing. Whether the client holds rights in the source text is, moreover, a separate question.

The nature of translation

A translation is tied to the source text but is a product of labour in its own right. That is why the question of rights arises. The matter is regulated.

Assignment of rights

In corporate jobs the rights are usually assigned to the client. The assignment is made in writing. The scope is stated.

Scope of the assignment

Which rights are assigned and for how long is written down. A vague assignment is disputed later. The text is clear.

Limits of the field of use

Whether the assignment is unlimited or for a specific use is stated. The preference is written down. The scope becomes clear.

Timing of the assignment

It may be agreed that the rights pass after payment. The condition is written down. Practice becomes clear.

Rights in the source text

The client is assumed to hold rights in the source text. Otherwise the translation cannot be commissioned. A declaration is requested.

Third-party rights

If the source text belongs to someone else, permission is needed. The responsibility lies with the client. The article is written.

Permission to publish

For texts that are to be published, the permission position is asked separately. Publication without permission produces risk. A check is made.

Naming the translator

In some text types the translator's name is stated. The preference is regulated in the contract. The practice is written down.

Practice in corporate jobs

In commercial documents naming is not generally wanted. Practice varies by sector. The preference is stated.

The position of language assets

The memory and the termbase are a separate asset. Their ownership is regulated separately. The two matters are not confused.

Ownership of the memory

The memory may belong to the client or may be used jointly. The preference is written down. Dependence is prevented.

Right of reuse

It is stated that the service provider cannot use the text in other jobs. This is read together with confidentiality. The limit is preserved.

Anonymous use

Anonymous use for statistics or quality measurement may be regulated separately. The scope is kept narrow. Permission is sought.

Software and tool rights

The licences of the tools used belong to the service provider. This matter is outside the scope of the assignment. The distinction is written down.

The effect of the delivery format

Whether the working files will be delivered is determined. The two file types are different. The scope is written down.

Working files

Bilingual intermediate files may be requested. This request is notified in advance. Delivery is arranged.

In the event of infringement

For claims of infringement of rights, the sharing of liability is written down. Claims arising from the source text stay with the client. A balance is struck.

The article's importance for the organisation

This article attracts the least attention at the signing stage but comes up most often with texts that are to be published; where the scope of the rights is not written down, the organisation cannot know whether it may freely use a text it had produced with its own money. Clarity is ensured at the outset. The article is not neglected.

Limits of legal information

What is described here is for information purposes and does not replace a legal opinion. The assessment of intellectual property rights is the lawyer's job. The limit is stated.

Translation services

mots Tercüme does this work

mots Tercüme provides written translation to organisations: sworn and notarised translation, technical, legal and financial translation, website and software translation.