Ethical approach to translation memory reuse: discussions from copyright and business ethics perspectives

Abstract

ABSTRACT Under existing copyright provisions, translation memories are protected as “composite works” comprised of source texts and their translations, or as “databases” when created with a large volume of the source text and target text pairs. Freelance translators should exercise copyright to translations in line with the “sweat of the brow” principle. However, the translation industry maintains practices that dispossess translators of translation memories and reuse them without translators’ approval. When examined based on Kant's categorical imperative, this utilitarian practice is deemed unethical since it violates individual translators’ rights. This study offers proposals for promoting the ethical reuse of translation memories. First, translations by freelancers should be excluded from works-for-hire to allow the global protection of language assets and the rights of freelancers. Second, a collective licensing regime for translation memories should be introduced to promote distributive justice and the free circulation of knowledge.