Re: Copyright, Translations and Intellectual Property

Subject: Re: Copyright, Translations and Intellectual Property
From: Deborah Hemstreet <dvora -at- tech-challenged -dot- com>
To: Dan Goldstein <DGoldstein -at- riverainmedical -dot- com>
Date: Fri, 07 Nov 2008 12:18:05 -0500

Hi Dan,

With regard to the legal issues, I cannot answer. I can give you a
scenario of what was done at one company I worked for:

The company was issuing a troubleshooting manual for workstations to our
technicians. This manual was not for public release, and not for
translation. The name brand company gave us an official letter giving us
permission to integrate their technical information with ours, for
sending to our Technicians. In the copyright area of the manual, we did
have a statement that all graphics related to the XXX and certain
procedures were reproduced with permission of that name brand company.

They also allowed us to use modified pictures of the workstations in
user manuals, which did appear in translations. We also received a
letter, in writing, giving permission for the specific usages.

I was very insistent that we have that kind of permission before using
the graphics. To date, there have been no negative repercussions. When I
passed the manual through our trademark lawyer, she accepted the credits
for that company.

This is an example for a very specific situation. What I can say, with
full assurance, is that within the proper parameters, you can do this -
but you must cross your t's and dot your i's. When in doubt, as has been
said earlier, consult your company's lawyer. They should have one.

I can give you a different example of a product that was developed for a
different company to use. The legal agreements between that company and
the one I was working for absolutely forbade the use of the tradenames
of either company in the menu commands, among other things. Each legal
contract is going to have its own permutations that can be the bane or
joy of a technical writer, depending on what the lawyers want.

I will never forget the lawyer who said it was best practice for there
to be a TM after EVERY use of the tradename, even in a 200 page manual,
even for menu commands, no exceptions. It was a nightmare, and to this
day, I think readability is impacted, since we had to differentiate, for
example, between a "X point (proprietary) and Y point (general). So we
always had to say, a X(TM) System Point instead of just an X point. (but
I digress)

Anyway, I hope this is helpful.

Deborah


Dan Goldstein wrote:
> Many of us on TECHWR-L are confident that we know the right answer
> (including me). You're about to get plenty of strong, confident
> opinions. If you value your company's financial future, you'll ignore
> all of us.
>
> It might cost a few hundred bucks to ask a lawyer who specializes in the
> subject. How much would it cost to get the wrong answer from a
> non-lawyer?
>
>
>> -----Original Message-----
>> From: CL T
>> Sent: Friday, November 07, 2008 11:09 AM
>> To: techwr-l -at- lists -dot- techwr-l -dot- com
>> Subject: Copyright, Translations and Intellectual Property
>>
>> If Company A releases some documentation and Company B takes
>> the information (with permission, I assume) and translates it
>> then places the information into its own templates, does the
>> translated info/templates belong to Company B?
>>
>> I ask because there's a debate going on whether I can take
>> the translation and drop it back into our templates.
>> Personally, I ere on the side of caution and want a signed
>> release from Company B (CYA procedure).
>>
>> Thoughts? Case Law? Citations and examples?
>>
>>
>
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Follow-Ups:

References:
Copyright, Translations and Intellectual Property: From: CL T
RE: Copyright, Translations and Intellectual Property: From: Dan Goldstein

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