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| FIDIC Translations |
| Preamble |
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FIDIC has published and will publish a number of documents ("FIDIC Documents"), such as standard forms of contract, pre-qualification forms, guidelines, policies, brochures and training kits in various formats and of various descriptions, both as printed documents and in electronic form. The widespread dissemination, acceptance and use of the FIDIC documents and their translations is an important means for accomplishing FIDIC's mission and is therefore being actively promoted. FIDIC is protected by trademark. All FIDIC products and services are accompanied by the word "FIDIC" with the registered trade mark symbol (®). At the same time, the sale of FIDIC documents and their translations is an important source of revenue for FIDIC and its Member Associations. It creates resources for providing a wide range of services meeting the business needs of the member firms. All steps as from the initial drafting of Contracts and Documents often require considerable efforts and expenses. Users often rely on the contents of FIDIC Documents, especially the contract forms, for important business transactions. The use of authentic documents only is therefore important for safeguarding their interests. FIDIC is the only Copyright owner on FIDIC's contracts, documents and online materials. In application of Article 8 of the Berne Convention, FIDIC asserts its exclusive right of making and authorizing the translation of all FIDIC contracts, documents and online materials. Under conditions which it will determine at its own discretion in each individual case and against suitable considerations (usually, in the form of a license fee), FIDIC may agree to let other parties (normally, a Member Association) make translations and publish the translated versions of its contracts, documents and online materials. Translating, reproducing and publishing FIDIC Contracts, Documents and Online Materials without FIDIC duly obtained agreement is illicit and subject to sanctions. The General Principles under which FIDIC may grant a translation license are set out in the present policy paper, which should be used when interpreting any granted license. |
| Who may get the right to translate FIDIC documents? |
| In the first place, FIDIC will consider conferring the right to translate to the Member Association in the country where the language in question is the national language. If there is no Member Association, or if the Member Association does not want to make a translation, other parties may be considered. |
| How can a translation license be obtained? |
| If the request comes from a FIDIC Member Association, it will write a simple letter to FIDIC Secretariat seeking the agreement of FIDIC to translate a specific document into a certain language, indicating the purpose of the translation, who would make it, the expected users, how the translated documents would be distributed and at what price (if applicable), where it would be distributed and sold, as well as an estimate of the number of copies of the translation expected to be reproduced over time. The requesting party may add other items, as suitable. FIDIC would then review the matter and communicate its decision, setting out the proposed conditions, or the reason for any negative response possibly given. Several exchanges of letters may sometimes be needed for settling the matter. If the request comes from an individual, he or she must contact the FIDIC Secretariat. If the document does not exist in the requested language FIDIC will make the link between the petitioner and the corresponding Member Association. If there is no corresponding Member Association, FIDIC will consider the request after receiving a letter indicating the purpose of the translation, who would make it, the expected users, how the translated documents would be distributed and at what price (if applicable), where it would be distributed and sold (if applicable), as well as an estimate of the number of copies of the translation expected to be reproduced over time (if applicable), or if the translation is for educational or non-commercial purposes. The requesting party may add other items, as suitable. FIDIC would then review the matter and communicate its decision, setting out the proposed conditions, or the reason for any negative response possibly given. Until a Translation and Reproduction Agreement is signed, a translation may not be published. |
| For which documents can translation rights be obtained? |
| FIDIC would be glad to see all its documents translated into local languages. At the same time, for the various reasons set out in the preamble, the translation of each and any FIDIC document requires a license. Except when explicitly agreed, a license shall not be valid for other documents or for later editions of the same document. |
| How the license fee is determined? |
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The fee for a translation license would normally be a modest but appropriate flat amount, payable at
upon completion of a licence agreement for the translated document. Other arrangements may be considered in specific cases if requested, with supporting arguments, by the party intending to make a translation. The Secretariat will set the fee based on the importance of the country and the language, the benefit to FIDIC and its Member Association(s) of having a translated document spread there, as well as the likely commercial benefits to the publisher. Such benefits will be determined mainly by consideration of the unit price and the number of copies likely to be sold. In this way, policy or promotional documents would typically carry only a small license fee, if any at all, whereas the fee would be much higher for contracts and other documents sold to third parties. |
| Would FIDIC endorse translations? |
| FIDIC will not endorse any translation; in particular FIDIC will not make any engagement or take on any liability concerning their completeness or correctness or adequacy for any purpose. Any such engagement or liability will only be for the account of the translator or the publisher of the translated document. |
| How should translations be presented and published? |
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Translations should be published as separate documents, carefully ensuring that there is a visible and clear reference to the original. The cover page of the original may be reproduced with the translation, for ease of reference, but the translated document shall otherwise not contain any part of the text in the original language. The corresponding original language document would thus have to be purchased separately. In the special case of translations made essentially for educational purposes, FIDIC may agree to presents the texts of the translation and of the original side by side. The original text will then always have to be suitably watermarked or otherwise protected against illicit copying. All translations must contain a statement to the effect that the publisher and/or the translator (as applicable according to local legislation) take(s) full responsibility for the accuracy of the translation and FIDIC does not assume any liability for the translation or for its use, and that in case of any dispute, parties should remember that FIDIC considers only the text in the original language of the FIDIC document (usually, English) to be the authentic one. FIDIC would request to obtain the right to include the translated texts in collections of electronic documents sold by FIDIC. |
| Can translations contain changes compared to the original? |
| Any changes to the text or layout presentation of a FIDIC Document or Contract would require a separate, specific approval, which may or may not be given, as well as the payment of a suitable, additional license fee. In particular, as a matter of principle, no changes will be accepted to the general conditions of any FIDIC contract. This does not preclude translations of contracts to be accompanied by particular conditions, or the like, specifically drafted to make the document conform to local usages or regulations. |
| What should be done if other translations appear on the market? |
| Any case of other translations appearing on the market, or otherwise being used, or of illicit reproduction or redrafting of licensed translations or of the corresponding original texts, should immediately be brought to the attention of the FIDIC Secretariat, with supporting evidence, as suitable. FIDIC will then decide, in consultation with the license holder, which steps to take. |
| Will agreements for existing translations remain valid? |
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Existing translation licenses will continue to be valid according to their terms. If these are unclear or incomplete, or if there are specific provisions for termination or renewal which may be applied, FIDIC intends to replace them by new licenses reflecting the above principles. If the translation has been made in the past without duly obtaining a license from FIDIC, the Member Association or other party responsible should without delay send a request in accordance with the above, in order to regularize the situation. |
| TEXT FOR INSERTION INTO TRANSLATIONS OF CONTRACTS |
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FIDIC does not endorse any translation; in particular FIDIC does not make any engagement or take on any liability concerning a translation’s completeness, correctness or adequacy for any purpose. Any such engagement or liability will only be for the account of the translator or the publisher of the translated document. Without derogating from the Provisions of Sub-Clause 1.4 of these Conditions of Contract (note: for the 1999 Conditions of Contract) as to the designation in any contract of any specified language as the "ruling language", for the purposes of such contract the version in English of the present Conditions shall be considered as the official and authentic text for the purposes of translation thereof into any other language. Thus, in case of any dispute, parties should remember that FIDIC considers only the text in English of these Conditions of Contract to be the authentic one. |
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International Federation of Consulting Engineers FIDIC Bookshop - Box 311 - CH-1215 Geneva 15 - Switzerland Tl +41-22-799 49 05 - Fx +41-22-799 49 01 - fidic.pub@fidic.org - FIDIC Bookshop |