C.  Working Directly with the Rights Holder

Many of the problems mentioned above can arise even when one is working with the person or business that holds the translation rights.  For example, Translator A's work can be used to attract the attention of potential publishers, and then Translator B can be engaged to do the translation for publication (unless there is a contract protecting Translator A).

Translator A can seek a written agreement (with the rights holder) that any license of English-language rights to another publisher would include a requirement that Translator A be given first refusal on the project.  Ideally, one would also like some specific minimum level of compensation to be established in the same document.

Unfortunately, the rights holder may react badly to a request for certain contract terms, even if the request is presented with great diplomacy.  Negotiation involves risk, including the risk that the other party will be unreasonable or will simply refuse to continue negotiating.  On the other hand, not bothering to negotiate an agreement carries the risk that the translator will waste a great deal of effort, never be paid, and find that someone else has been hired.

The individual translator has to make decisions about what and how much she is willing to risk.  Specific risks include (1) damaging the relationship with a client who dislikes contracts, (2) wasting time on ten-page sample on spec, (3) having to shelve a highly polished 500-page translation that cannot see the light of day (until the source text is in the public domain) because the author, the original publisher, or the English-language publisher decided to drop the project or to engage another translator.  Priorities and the level of risk-aversion will vary from one translator or project to the next.

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