The client wants a term interpreted in a certain way, but the native speaker is saying something else.
March 6, 2023 § 2 Comments
Dear Colleagues:
Most of us have been in a situation where the client indicates their preferred translation, sometimes their only acceptable translation, of a term, title, name, or expression. Usually, we get these requests as “official” glossaries by a company, government agency, or international organization; occasionally, we get a letter or a memo from the client specifically asking for that desired translation. Interpreters usually use the requested terminology, unless the translation is inaccurate, outdated, or offensive to the target audience. In these cases, we contact the client, make our case for a better translation, and then we go with whatever the client decided: the translation they suggested originally, or our recommendation. There is nothing unusual on the scenarios above.
Unfortunately, sometimes lack of communication by the client, or by the interpreter, emotions, stubbornness, or negligence, put us where the interpreters’ rendition is not what the client wanted it to be. This is not an easy situation, and sometimes it gets more complicated when the foreign language speaker is using names, expressions, or terms different from those expected by the client. In this case, using the client’s preferred terms while interpreting a foreign speaker would not be “interpreting”. We cannot do that, even if we think it would make our client happy.
I can recall two instances during my career when I faced this dilemma and I took two very different approaches, one more fortunate than the other:
Providing my services as a court interpreter decades ago, when I had been an interpreter for just a few years, I found myself interpreting a criminal case hearing; this court procedure is called “Change of Plea Hearing”, and it is the opportunity a defendant has to waive trial, admit responsibility for the commission of a crime, and hope for a lighter penalty than the one they could have received if found guilty by the court. These hearings result from a negotiation between the defendant’s attorneys and the prosecution, and they involve an agreement where the prosecutor agrees to reduce the charges, or to dismiss some of the charges on the indictment in exchange for an admission of guilt to a lesser offense.
Here, the defendant, a Spanish speaker, was going to plead guilty to a crime that carried a shorter term in prison than the charges originally charged. For the plea of guilty to be accepted, the judge had to be convinced that the defendant was acting free of coercion. As always, the judge went through a series of questions that the defendant had to answer through the interpreter (me). Everything was going fine until the judge asked the defendant if they were entering the guilty plea because in fact, they had committed the crime. The defendant responded (in Spanish) by sharing their version of what happened, and repeating time and again that they were innocent; that the person who committed the crime was somebody else. The hearing was interpreted consecutively, so I started my rendition. After I finished, the defense attorney, quite upset, addressed the judge and ask for me, the interpreter, to be removed from the hearing, for the defendant’s statement declaring his innocence to be taken off the record of the hearing, and for a replacement interpreter to be brought in. The complaint was that I was not interpreting what the defendant was saying, because, the defendant’s attorney said, they “were there to plead guilty to the lesser included charge.”
I immediately understood what was happening. The attorney was not happy with the defendant’s answers to the judge’s questions, and was looking for a way to fix the situation; the first thing that came to mind was to blame the interpreter. The judge hesitated for a moment, turned and asked me if I had anything to say in response to what the defense attorney had argued. I knew I was right. I had no doubt I had interpreted everything the defendant said as it was said in Spanish, so I respectfully stood by my interpretation. The defense attorney then argued that I was not telling the truth, because, although the defense lawyer did not speak Spanish, they had gone over the hearing and the plea with the defendant many times, so they knew what to say in court. This went on for a few minutes that felt like hours, and when the judge allowed me to reply, I answered in what I now understand was an emotional way. I told the court that “…I was interpreting what the defendant was saying, and I (was) very sorry the defendant was not saying what (their) attorney wanted (them) to say, but I could not change the statement so that the defense attorney (was) happy…” Eventually, the defendant continued to maintain their innocence, so it was clear that I had made no mistake.
My actions drove the point home, protected the rendition, kept the court record accurate, and showed the judge and others in the courtroom I made no mistake. I was proud of myself. However, as the years and decades went by, I realized that at the beginning of my career I sometimes was too emotional, and that subtracted from my image as a professional.
Let’s fast forward a few decades. This time, as a conference interpreter, I faced a similar situation in a diplomatic setting:
About a week before an assignment, the client contacted me in writing to let me know there were certain terms in the foreign language they liked to be interpreted into English in a certain way because these were the terms found in legislation, doctrine, contracts. I had no problem with that, so I acknowledged receiving the memo and assured the client their preferred terminology would be used during the assignment.
On the day of the event, my client was the first one to address the conference and we translated all terms into Spanish as requested. Next a delegate from a Spanish-speaking country addressed the attendees on the same topic, but they did not use the terms given to the interpreters as “preferred” by our English-speaking client. In fact, the Spanish speaker was using very different terms that could mean the same, but were equivocal. I made a split-second decision during my simultaneous rendition, to translate the terms used by the Spanish speaker as they translate into English, not as the English-speaking client expected us to translate the terms previously provided. I did this intentionally because the terms used by the Spanish presenter were equivocal and I was in no position to decide whether or not this person was referring to the same issues as the first speaker did when they spoke in English. I decided to let the two speakers, experts in the topic, determine if they were referring to the same or not.
Nothing happened and the conference continued. Some forty-five minutes later, the Spanish speaker intervened, and once again, they used the same terms as they had used earlier that day. I interpreted as I had previously done. This time, the English speaker client interrupted the Spanish speaker in their speech and said: “…I am sorry to interrupt, but I have to correct the interpreter, because he is not using the correct terminology for these issues. Instead of using ˂X˃ and ˂Y˃, he is saying ˂A˃ and ˂B˃.”
This is what I wanted to see happening from the start of the session, and it was finally happening. Unfortunately, the client blamed it on me, the interpreter, instead of asking the Spanish speaker if they were referring to the same issues, in which case, they would rather have them use the preferred terminology for legal, technical, and practical purposes. Fortunately, the Spanish speaking diplomat remarked that it had not been an interpretation issue, that they indeed were using different terms, that they had used these terms for a long time, but if the English speaker wanted them to use their ”preferred” terms for all the reasons already stated, they had no problem changing the wording of their documents, and thus using the terminology the English-speaking delegation felt more comfortable with. From that point on, everyone in the interpreting team used the “preferred” terminology and things went smoother. I was pleased the situation was clarified without me having to actively intervene, as I was ready to bring this up to my English-speaking client during the first break. Fortunately, it was unnecessary.
A few days later, I took this situation as an opportunity to explain the client why we cannot change things said during an interpretation just to make the client happy, and I asked them to use this experience as a lesson, so next time a similar situation arises, they ask the other party instead of assuming the interpreter made a mistake. The client wrote me back, thanking me for the note and apologizing for throwing the interpreter under the bus.
As a professional interpreter, I compared the two situations I describe here, and saw how although they were both resolved favorably, I acted emotionally the first time, and now, many years later, I acted professionally, set the conditions for the issue to be worked out by the parties involved, and sending a note to the client, telling them, respectfully that interpreters cannot change what is said in a foreign language, just to please a client.
The “must attend” conferences of 2023.
February 22, 2023 § 1 Comment
Dear Colleagues:
2022 marked the year when we finally got back to in-person professional conferences. Some of you stayed home and attended virtually, but most colleagues went back into the real world and nourished their need for human contact. These reunions with old and new friends and colleagues made professional conferences in 2022 a significant moment in our professional (and personal) lives. Of course, reestablishing human relations was a highlight of the year, but we cannot ignore the fact that quite a few of you developed professionally and became better at what you do.
I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies, platforms acting like agencies, or direct corporations) will pay for what they need but they are always looking for the best service at the best price. The way we stay competitive in a market where multinational interests have blurred the line between ethical and professional behavior and questionable practices is multifaceted, and one of the main components is continuing education and networking.
After a 2-year break due to the confinement, at this time of the year when we are all planning our professional activities, and programming our agendas, I will address one of the key components of our annual plan: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have satisfied clients who pick you over all other interpreters, unless you can deliver quality interpreting and state-of-the-art technology that meets the needs of the post-pandemic market. That is your competitive advantage.
We need to be better interpreters. We must study, we must practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client, or grammar) and we must attend professional conferences.
I find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you discover what is happening out there in the very competitive world of post-pandemic interpreting. Fortunately, after two years of virtual events, there are many professional conferences all year long and all over the world. Many of us attending a professional conference are lucky to live in countries where professional development is tax deductible. Unfortunately, we have a “good problem”: There are so many attractive conferences and we must choose where to go.
I understand some of you may attend one conference per year, or maybe your policy is to go to conferences offered near your home base. I have heard from colleagues who will continue to attend virtually; I also know that many of you have professional agendas that may keep you from attending a particular event, even if you wanted to be there.
I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that make a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2023 conferences I would love to attend, and sadly, some I will not due to professional engagements. In other years I have attended more conferences than the ones on my list; last-minute changing circumstances and personal commitments let me go to events I had not planned to attend at the beginning of the year, and virtual conferences make this possibility even more accessible in 2023.
As of today, the conferences I would like to attend this year are:
The Third Africa International Translation Conference (AITCO) in Mombasa, Kenya (February 10-11). This conference was held before this article was posted. It was the third edition of a newcomer to the conference world that has become a classic. The program lets me see that once again, AITCO showcased some of the best presenters from Africa and around the world, speaking on interesting, relevant topics to interpreters and translators. I congratulate the organizing committee for putting together such a valuable learning opportunity in such magnificent surroundings, and I look forward to the fourth edition.
VII Congreso Latinoamericano de Traducción e Interpretación in Buenos Aires, Argentina. (April 20-23). This congress will be held as a tribute to the 50th anniversary of the Colegio de Traductores Públicos de la Ciudad de Buenos Aires (CTPCBA) and its main topic will be “The professional foundation for a better future.” This congress does not happen every year, but when it does, the quality of the presentations and speakers during that week in April at the Palais Rouge in Buenos Aires will be second to none. This event is for you if you are looking for a conference with well-researched, carefully structured sessions, and knowledgeable attendees that give you a golden opportunity to network. Also, remember that the event is in Buenos Aires, one of the most beautiful cities in the world. I hope to see you in Argentina in April.
Congreso XX Aniversario Asetrad in Las Palmas de Gran Canaria, Spain, (May 11-12). Asetrad’s congress is not every year, but every five years this association puts together a two-day program with some of the best presenters from a country with such rich tradition on interpreting and translating as Spain. Those of us who live in the Americas should take advantage of these events where we get to see and hear presenters who do not travel to the events in the Americas. I also enjoy the invaluable experience of learning about the problems my colleagues are facing across the Atlantic, and hopefully learn from the strategy they resorted to solve a problem that could be similar (sometimes identical) to a situation we may fight in the United States. Because of its location, the conference will have some non-professional activities that will help us enjoy the beauty of this island. I hope that my Spanish speaking colleagues from the Americas travel to Gran Canaria for this exciting event.
National Association of Judiciary Interpreters and Translators (NAJIT) 44st. Annual Conference in Las Vegas, Nevada (June 2-4). This year legal interpreters and translators from the United States, and a few from abroad, will meet in Sin City for the annual conference of the only judiciary interpreters and translators’ association in the United States. At this time, NAJIT has not published its program, but based on previous years, you can count on a variety of topics and presenters that will no doubt cover all fields of interest to our colleagues in the legal field. This is a two-day conference (June 3-4) with pre-conference workshops on June 2. In the past, conferences have offered all-day and half-day pre-conference workshops. Because of some professional commitments, I attended the 2022 conference in Florida virtually, and this will be my first time in person with my legal colleagues after the confinement. I look forward to meeting many friends at this conference.
Noveno Encuentro Internacional de Traductores dentro de la Feria Universitaria del Libro (FUL) in Pachuca, Mexico (Early September). I have attended this conference from its inception and it is bigger and better every year. The conference is held at the Autonomous University of Hidalgo State’s Poliforum at Carlos Martínez Balmori Campus. For the last two years it was held virtually. This event is a great opportunity for Spanish speaking interpreters and translators because of the many students who go to the conference from many Mexican colleges and universities. Most conferences are attended by professional colleagues with years of experience, but this “encuentro” is attended by bus loads of students of translation, interpreting, and other-language related fields. The conference takes place within the International University Book Fair (FUL) and its organization by my friends Mireya Ocadiz (the conference), and Marco Antonio Alfaro (FUL) gives it a unique atmosphere. If you live in Mexico, or if you want to experience a conference in Mexico, I encourage you to attend this event.
American Translators Association (ATA) 64th Conference in Miami, Florida (October 25-28). Every year, the American Translators Association puts the biggest show on earth. More presentations to choose from, more attendees, more opportunities to network, and this time, Latino-flavored Miami! I enjoy attending ATA conferences because of the variety, and the many friends and colleagues I get to see every year. However, to avoid annoying sales pitch efforts from agencies and others looking for interpreters willing to work for little pay, I pick my activities carefully and never losing sight of the obvious presence of those who want to harm our profession and turn it into an industry of commodities. It does not escape me that this conference is by far the most expensive interpreting and translation conference in the world, that it is always held at expensive hotels. I think it is worth spending my hard-earned money (even if when you check in, they do not even give you a bag to keep your stuff). If you can afford it, go to Miami and enjoy the conference.
The International Association of Professional Translators and Interpreters (IAPTI) International Conference in Timisoara, Romania (November 11 & 12). I like this conference because it is IAPTI, an association of, for, and by interpreters and translators. This conference, scheduled for Banat University in Timisoara, presents a unique viewpoint of our profession I consider priceless. It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you. Some results of this innovative approach are that the conference attracts an important group of colleagues that stay away from other events because they are bothered by the corporate presence. This is the conference to attend if you want to learn how to work with direct clients, deal with agencies from a position of power, negotiate with corporate clients and governments, and improve your skills. The absence of agencies, corporate members, interpretation platforms recruiting students to work for free, and merchants soliciting your businesses lifts the heaviness of other conferences, and fosters dialogue without having to look over your shoulder. You can attend the presentations and workshops knowing that no presenter is there to sell you anything, and it is fun to have a space like this. IAPTI is also famous for its extracurricular activities like the traditional “Sweets from your country” and the post-conference sightseeing. If you have never been to Timisoara, stay after the conference and join some of your colleagues for a city tour, a visit to the beautiful Danube, and a trip to Vlad (the impaler) Dracula’s castle.
XXVII Translation and Interpreting Congress San Jerónimo (OMT) in Guadalajara, Mexico (November) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from a very successful XXVI Congress, with solid presentations and workshops geared to interpreters, the 2023 edition will have a varied, useful, and trending content. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in Guadalajara where an International Book Fair takes place simultaneously at the Expo Guadalajara. As an added bonus, attendees can also stroll up and down the immense fairgrounds, purchase books, listen to some or the most renowned authors in the world, or just window shop between sessions. I have been attending this event for many years, and I will continue to do so. I hope to see you in beautiful Guadalajara.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. I also know of other very good conferences all over the world, some of the best are local, regional, and national events; others are specialized conferences tailored to a certain field of our profession. I would love to attend many but I cannot. There are other excellent conferences all over the world, closer to your residence, that you may want to check out. I know I will be going to some. Depending on the schedule, I always look forward to some of the regional conferences in the United States like the Midwest Association of Translators and Interpreters (MATI) in the Wisconsin-Illinois-Indiana region, and the Arizona Translators and Interpreters Association (ATI) in the Grand Canyon State. Some of you will read this post in a group or website of an association whose conference I will not attend this year; you will probably see me at other conferences not even mentioned here; that is likely. To those I cannot attend this year: I wish you success and productive conferences.
This posting would not be complete unless I mention our duty to also attend conferences not related to interpretation, translation, or language in general. We all need direct clients to thrive as interpreters, and we will not find them at any of the conferences above. Networking is as important as professional development, and for this reason I invite you to look for the best conferences in the field you interpret, and carefully select the ones that will benefit you the most. Consider subject matter, who is attending, dates, location, and cost; even if you are in a country where this expense is tax-deductible. Meet your future clients where they are. The best conference is the one where you are the only interpreter in the building. Look for conferences with medical, legal, technology, scientific, financial or any other content you specialize in. This is crucial. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one conference, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2023.
New reality calls for creative planning and flexibility in conference and community interpreting.
January 25, 2023 § 2 Comments
Dear Colleagues:
In the past months, many of us saw our workload back to similar levels than before the Covid pandemic. As the population was vaccinated, travel restrictions were lifted, and people became less afraid of crowds, conferences, face-to-face business negotiations, diplomatic encounters, court trials, and many other events reconvened in many countries, the United States included. At first sight, it looked as if the pandemic was behind us and we were about to embark in business as usual. We were wrong.
Events in need of interpreting popped up all over the place, but clients and organizers were not asking for the same service we were offering before Covid. We soon learned that in many cases, the request was for us to interpret hybrid events with some speakers, and many attendees, joining from different locations. Many conferences went back to in-person only, and others kept the virtual, distance interpreting model.
Hybrid events generate situations consultant interpreters must consider: The length of a conference day must be carefully evaluated to find the right balance between an in-person audience wanting longer days, and virtual attendees’ expectations for shorter sessions at somewhat convenient times of the day in the part of the world they are located. These variations, non-existent in pre-pandemic events, mean more interpreters in the same language combinations must be added to the roster. Some for in-person work, others for remote interpreting, and hours in the booth must be adjusted depending on the type of interpretation (not to mention fee calculation depending on what would be considered a full day in each case). Technical support also became an issue. Unlike traditional events, the new formats required of technicians physically at the venue, technicians dedicated to the distance interpreting service, and technicians on call for irregular, or after hours (in that part of the world) sessions.
Because the pandemic is still with us, essential planning now includes a roster of on call and back up interpreters to substitute in-person and remote interpreters who may contract covid right before, or during the event. I saw this first hand three times last year. In one of them we called nine substitute interpreters. I am sure court interpreters and other community-based work face the same problem. You cannot afford to stop a jury trial in progress when one or more interpreters get Covid. Even though we are back to a workload similar to what we were used to in 2019, our clients’ expectations and demands are now different. Many times, we will deal with events where a hybrid format will need of in-person and remote interpreters working under the appropriate conditions to their work, which are different; and regardless of the format, interpreters will get sick, and immediate substitutions will be needed. Creativity, adapting to the ever-changing circumstances, and tons of patience will be needed when planning a post-pandemic assignment. We need to be aware of it, share it with the client, and our fees must reflect it. We will continue to enjoy our work; it will just be done a little differently.
What we learned as Interpreters in 2022.
December 30, 2022 § 4 Comments
Dear Colleagues,
Now that 2022 ended and we finally got back some normalcy in our lives after the long confinement, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, 2022 was better than the previous two years. It was a year of some change and many adjustments to a new professional lifestyle.
Last year was the year when we were boosted to continue the fight against Covid. Sadly, some of our colleagues, among them great interpreters, continued to leave the profession overwhelmed by technological changes, market uncertainty, and aggressive, ethically questionable practices by some language service providers.
2022 was the year when our profession finally settled in our new professional model of hybrid and in-person events with a constant and steady presence of distance interpreting assignments. It also became evident that remote interpreting from a hub will stick around as a popular choice in some parts of the world, but the home interpreting practice without colocation will reign supreme in many regions, especially where interpreters are scarce, technological infrastructure is poor, or market conditions have rejected the hub model. In the year that ends, most working interpreters became knowledgeable and technologically savvy, and incorporated technology to their continuing professional development permanently. Because learning and adapting is always good, these were the brightest highlights of the year.
Unfortunately, not everything was good. Change continued to bring along unfairness, abuse, and deception. The same changes that helped us adapt to the post-Covid world, provided the right circumstances to harm our profession.
As it has happened throughout history, today’s changes have brought a wave of bad practices that financially benefit some of those with the loudest voice while hurting conference interpreters and the users of their service. Some distance interpreting providers have ignored ethical and professional rules by welcoming inexperienced, unqualified individuals, often from other fields of interpreting, whose main credential is to provide interpreting services for a ridiculously low fee and to do it under very poor conditions. By recruiting these interpreters and diverting the clients’ attention to technology instead of service quality, the post-pandemic market continued to offer conference interpreting on-demand: interpreters on standby, willing to start an assignment with a couple of hours’ notice, without time to prepare, often working alone from their home thousands of miles away, and doing it during the night. Some unscrupulous providers continued to offer insulting fees paid by the minute or by the hour. It is now common practice to attend a professional conference and find remote interpreting platform representatives luring university students and recently graduated interpreters to work for the platform for free or for a scarce pay, with the excuse they are helping them by letting them “practice” with their platform. I have now seen this practice in three continents.
2022 continued to change the way we use professional social media. It still is a self-promoting infomercial by the big service providers where unsuspecting colleagues harm their image and reputation daily by bragging about working for these low-paying, ethically questionable, providers.
Going back to the positive, I congratulate those professional associations that held their conferences in-person or as hybrid events. This will be the new normal for professional conferences. A special mention to ITI for its spectacular conference in Brighton. This live event in the U.K. was my first in-person conference since 2019. OMT in Guadalajara, and NAJIT in Florida held big, high-quality conferences using creativity, technology, and thinking of their members’ health. FIT and ATA also gathered in big conferences in Varadero, Cuba, and Los Angeles respectively, and they welcomed colleagues from all over the world. My recognition also goes to all smaller associations with conferences in-person. Regardless of the conference you attended in 2022, they were all special, as they were filled with the human warmth that seeing, hugging, and talking to friends and colleagues after all this time generate. They will all be unforgettable.
Another wonderful gesture that showed professional solidarity was the decision by many professional associations and individual interpreters to volunteer their services to assist the people from Ukraine, both inside their country and abroad. Once again, interpreters showed their humanity and solidarity in the face of this terrible and unfair invasion of a peaceful nation. We proved to ourselves once again that interpreters are resilient, able to adapt to adversity to survive, and good humans.
We now face a year with less uncertainty, full of adjustments and plenty of changes and opportunities. Our resiliency, adaptability, courage, and recognizing that even after the worst days of the pandemic, many things have changed, but many others stayed the same. Let’s all focus on the good things to come while we guard against the bad ones. I wish you all a prosperous and healthy 2023!
Recorded Renditions, Intellectual Property, Some Interpreters’ Great Contributions, and Some Unfortunate Ones.
December 22, 2022 § 3 Comments
Dear Colleagues,
When it was announced that Zoom had added a function to automatically record the interpreter’s rendition without prior notice, consent, or agreement on royalties, I originally decided not to write on this issue as it seemed in good and able hands who understand the implications, have the “know how” to address the needed changes, and can clearly communicate our professional needs to the platforms and others. My view has not changed, but I jumped in due to some remarks I have seen in social media and elsewhere. To contribute to the better understanding of the problem by many of our colleagues, I decided to encapsule the current situation in three main points: (1) What is happening; (2) What is protected; and (3) What needs to happen (and in fact is already happening).
- What is Happening. A couple of months ago Zoom introduced a new function that allows the recording of everything said during a meeting (or conference) including the interpretation of the original speech. This is done automatically, and lets the host of a recorded event go back to the video and toggle between the original sound and its interpretations into other languages. These recorded renditions remain available as a separate audio, leaving the host with the option to widely share the interpreters’ rendition without them even knowing. Notice, consent, and a royalty agreement are not needed to “benefit” from this function, leaving the interpreters, real owners of the interpretation, in a vulnerable position.
- What is protected. An interpretation is the product of an intellectual task protected by International Law as a property right. Human progress and evolution need the intellectual contribution of scientists, engineers, artists, and other individuals who create something of value. Such creations are considered intellectual property and include patents, trademarks, and copyrights, which include the work product of interpreters and translators. These rights are protected by (A) International Conventions, such as the Universal Copyright Convention, adopted in Geneva in 1952, and the Berne Convention for the Protection of Literary and Artistic Works of 1886 (amended in 1979); (B) Bilateral Agreements between sovereign nations, such as trade agreements which often include provisions, and even entire sections dedicated to the protection of Intellectual Property Rights; and (C) Domestic Legislation applicable to all activities within a country, as it is the case of Article 1, Section 8, Clause 8 of the United States Constitution which gives Congress the power to “promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” And its secondary law: The Copyright Act of 1976 (Title 17 USC). Therefore, in most countries in the world, a rendition by an interpreter is considered their property and protected as copyright. This means that a rendition cannot be legally reproduced or shared by anybody, unless the interpreter, who owns the interpretation, agrees and consents to it; and even in this case, it can only be reproduced according to the limitations set by the interpreter (how many times, in what market, by what means, and for what compensation). The agreement to record and replay a rendition must include a compensation provision establishing amount to be paid and form of payment to the interpreter: a percentage as royalties, a lump sum before recording, or a donation of the royalties by the interpreter when they consider it appropriate (charity work, research, education, religious, etc.)
- What needs to happen. It is clear that Zoom (and perhaps other platforms when catching up) incorporated this function to its platform to make it more attractive to its users and consumers. The idea was to solve a problem: How to reach those individuals watching a recorded event, after its original broadcast, who do not share the speaker’s language. Zoom learned in the past that the platform was more competitive when it reached a worldwide audience, regardless of language limitations. They tried to remove the language barrier by launching their original interpretation function. Later, the listened to their customer’s needs and to the interpreters’ expert feedback and improved the functionality several times. No doubt the results pleased them. They noticed how their competitors also made those changes to remain viable in the market. Unless Zoom acted out of character, or there is an anomaly I am not aware of, it is obvious to me that they never considered breaking the intellectual property laws. They meant no harm to their clients or to the interpreter community.
From the interpreters’ perspective the solution does not seem complicated. A toggle button permitting activate and deactivate the recording function would bring them in compliance with the law, but changes to a platform are not cheap and they require of more than a simple patch in the software. Everything I have heard to this point is encouraging. Some of the most serious professional associations that protect service quality and working conditions of conference interpreters, and some very able, capable, and knowledgeable colleagues have initiated an ongoing dialogue with the platform, and if the past is any indication of the future, in time this problem will be resolved.
What to do meanwhile? The answer is simple, we must continue to include in our contracts the same recording provision we have inserted for years, even when our concerns had to do with being recorded in the booth. Those who have never included such protection clause, and I must confess I find it amazing that interpreters agree to sign contracts lacking any agreement on recording their rendition, start now; insert a clause that clearly states that no recording shall be possible without all interpreters’ consent in writing, detailing all negotiated conditions, including the payment of royalties. There are model contracts you can use as a starting point, and I suggest you talk to an attorney. As for negotiating with the client or event organizer, read and learn about intellectual property, and use AIIC’s memorandum concerning the use of recordings of interpretations at conferences of 2016. It will give you plenty of arguments to negotiate with your clients. Litigation is expensive and lengthy, and should be kept as a last option, but these negotiations and a good contract will also act as a deterrent.
As a practical matter, I also suggest you do what I do: Take advantage of the dry run session to bring up the subject with all present; briefly explain what you need (that no recordings be shared without your consent and compensation) the risk of breaking Intellectual Property Law, and the message you are part of their team, and are trying to protect them by pointing out these scenarios before it is too late. Then, on the day of the event, let the host know that at the beginning, as they are explaining how to use the simultaneous interpretation function, you will post a message to all those attending, reminding them that sharing the recording of an interpretation violates the law, even if the platform technically lets you do it. It has always worked for me.
I cannot end this posting without mentioning that despite all great letters and conversations our professional associations and some of our distinguished colleagues have held with Zoom, directly and on social media, there are some unfortunate comments and postings by others that hurt our efforts because they perpetuate the stereotype that we are not really professionals. I am referring to some comments on line about the “damage to us as interpreters” the “burden it creates” or the threats to “bring a class action lawsuit” against Zoom.
I say to all of you, even though these platform changes can impact all interpreters who use Zoom as a tool, it is really conference interpreters who could see a quantifiable effect in their professional practice. Court interpreters’ rendition is part of a public record, and healthcare, school meetings, client-attorney virtual meetings, and other community interpreting services, could have a confidentiality/privilege problem, an unrelated issue to recording an interpretation in a conference, but their interpretation do not face the problem these posting deals with.
Professional communications, as the ones required in this case, should focus on the task and show the perspective of all involved. Complaining about how a recording will hurt you, and asking the platform to solve your problems and protect you because of “poor me” do not help one beat. Fighting words directed to the platform because now you “have to write a contract to protect you” do a disservice to the profession; Talking about class action lawsuits without knowing what is required, how complex, expensive and lengthy they are is just another way to show you are not acting like a professional well-informed in the business world. In conclusion, I am fine, I believe there has been progress that will eventually solve this issue, and the involvement of those participating in the dialogue has been very good.
The History of Conference Interpreting: The Other WWII Trials.
November 23, 2022 § 4 Comments
Dear Colleagues,
We commemorated International Conference Interpreters Day on November 20. The date was selected because on that date in 1945 the International Military Tribunal in Nuremberg started the trial of those charged with war crimes in Europe, using simultaneous interpretation for a matter relevant worldwide for the first time. Much has been written and researched about the trial, the interpreters, and the birth of simultaneous rendition as we now know it. For years I observed the date remembering these important circumstances that gave birth to the modern version of our profession, but I always wondered about the trials against the war criminals in the Pacific theatre of operations; there seemed to be little information available about the interpretation, the interpreters, and what really happened in Tokyo after World War II. As November 20 was approaching, I decided to find out what happened in Japan, and why these trials were left out as part of the birth of modern conference interpreting. This is what I learned:
The International Military Tribunal for the Far East (IMTFE) was convened on April 29, 1946, over five months after the Nuremberg tribunal was established, to try Japanese political and military leaders for crimes against peace, war crimes, and crimes against humanity. Twenty-eight Japanese citizens were tried, the tribunal had broader jurisdiction than its counterpart in Germany, as it covered the invasion of Manchuria and World War II, and the proceedings ended on November 12, 1948, making these Tokyo trials almost twice as long as the process in Nuremberg. No defendant was acquitted, but charges were dismissed against one of them because he was found mentally incompetent. Seven defendants were sentenced to death and executed.
Judges represented ten countries (Australia, Canada, China, France, India, The Netherlands, New Zealand, The Philippines, United Kingdom, and United States) with Sir. William Webb, Justice of the High Court of Australia presiding. Most of the prosecution was presented by American prosecutors, but prosecutors from the other nations represented intervened for certain witnesses, defendants, and charges. The defendants were represented by more than one hundred attorneys from Japan and the United States, and the official languages of the trial were English and Japanese.
Trying monolingual Japanese defendants who committed the atrocities on trial under a culture, and using a language so foreign to the members of the tribunal, presented challenges not found in Nuremberg where all languages involved were European, and all crimes had been committed by individuals who shared culture with the judges and attorneys.
There were no English-Japanese interpreters in the West and there were no interpreters in Japan, period.
To solve this problem, the Tribunal hired twenty-seven Japanese citizens fluent in English who knew Japanese culture, history, and traditions, but they were not interpreters; they had no formal training, they had no experience as empiric interpreters either, and unlike the situation in Nuremberg where the interpreters were citizens of the allied countries, these individuals were from the same country as the defendants. It was decided to hold some “auditions” as mock trials to select the interpreters. Legal knowledge or aptitude to learn and understand legal proceedings was an important consideration also. Those selected were hired by the Language Division of the IMTFE. Because these ad-hoc interpreters were Japanese, the Tribunal established the position of Monitor. These individuals were American citizens children of Japanese (Kibei Nisei) who were proficient in both languages. There were four of them. Their job was to supervise the rendition by the Japanese interpreters, and amend the record when needed, due to the lack of experience and technique of the Japanese interpreters. During the War, these monitors: David Akira Itami, Sho Onodera, Hidekazu Hayashi, and Lanny Miyamoto, worked for the Allied Powers’ Translation and Interpretation Section (ATIS) and as children they all attended school in the United States.
The interpreters, and their monitors, worked in a booth; they worked in teams of two or three; they had a rotation according to an established schedule, and they used the same IBM simultaneous interpreting equipment used in Nuremberg,
There was no simultaneous interpretation during the Tokyo trials. Interpretation was rendered as follows:
All written opening statements, closing statements, charging documents, etc. were translated, and when attorneys or judges read them for the record, the translations were read simultaneously by one of the four monitors;
All witness examinations, cross-examinations, and re-direct examinations were interpreted consecutively by the Japanese interpreters. Attorneys and witnesses were instructed to speak clearly, slowly, and to pause frequently to give the interpreters a chance to catch up. Whenever an interpreter fell behind a speaker, the monitor would signal the court so the speaker stop and even repeat what was said. Monitors also assisted interpreters with note taking of names, addresses, figures, etc. Preserving an accurate record was a priority.
When a witness or a prosecutor spoke in a language other than English or Japanese (all defense attorneys spoke English or Japanese) other interpreters would participate. Beside the twenty-seven English-Japanese interpreters, there were seven Chinese, six Russian, six French, and one Dutch interpreters. Relay interpreting was used when one of these languages was spoken in the courtroom.
Because Japanese was not widely known in the West at that time, and because knowledge of Japanese culture was practically non-existing, there was the possibility of conflicting interpretation of terms or concepts. To prevent this from happening, the IMTFE created a system of checks and balances by establishing a Language Arbitration Board to settle matters of disputed interpretation. Once the dispute was resolved by the Board, the arbitrated rendition had to be used for the rest of the trial. This process was used both ways: To solve interpreting issues into Japanese and into English.
After the trial all Japanese who worked as interpreters went back to their prior occupations. None pursued a career as a professional interpreter; however, two of the monitors continued to work (at least occasionally) as interpreters, one for the Japanese diplomatic service, and another one for the emperor.
The trials did not give birth to our profession in Japan; there were no simultaneous interpreters yet, and the equipment had been used for other purposes (synchronized reading of translated texts, and consecutive interpretation from the booth). After learning these facts, it became clear to me why the International Military Tribunal for the Far East is not considered as the birth of modern simultaneous conference interpreting. The Tribunal did all it could to ensure the administration of justice and to preserve the record, but it did not have professional interpreting services, the IBM equipment was not used as it was in Nuremberg, and the trials did not contribute to the development of simultaneous interpreting in Japan.
The Best Horror Movie Musical Themes.
October 31, 2022 § 2 Comments
Dear Colleagues,
During Halloween season we may interpret in events, usually in the private sector, where well-known horror movie themes are played during the breaks, and even to introduce some speakers. One of such events motivated me to dedicate my annual Halloween post to the music that makes the hair stand up on the back of one’s neck. I know there are many great scores and theme songs, but these are the ones I immediately associate with horror films:
The Thing (1982). John Carpenter reached out to Ennio Morricone to score this tale of frozen fear with pulsing and terrifying sounds.
The Creature from the Black Lagoon (1953). This 3-D Universal movie announces the arrival of the creature with the chilling Bah, bah, bahhhh, three-note-motif by Henry Stein, part of the score by Henri Mancini, making this cult-classic beauty and the beast tale directed by Jack Arnold unforgettable.
The Shining (1980). The synthetic sounds created by electronic music innovators Wendy Carlos and Rachel Elkind’s makes this Stanley Kubrick’s movie a true horror classic, enhanced by all these avante garde sounds.
Jaws (1975). This John Williams’ master piece is one of the most recognizable movie themes of all times. People immediately associate it with sharks, and danger in general. Even today, after almost 50 years, you can still hear somebody humming the theme at the beach. It is also one of the most popular cellular phone rings of all time.
The Omen (1976). Jerry Goldsmith turns Gregorian chants into some of the scariest music ever heard. The opening song, “Ave Satani” will keep you awake in a lonely night.
Dracula (1931). The grandfather of all horror films and pioneer of sound films, produced by Tod Browning, starring Bela Lugosi, has no movie score, and there are silent moments throughout the movie as a reminder that this was not a silent film and for that reason it did not need music throughout; However, this Universal classic, starts with a rendition of Pyotr Ilyich Tchaikovsky’s Swan Lake and elevates the tension and anxiety in an audience waiting for Bram Stoker’s creature.
The Exorcist (1973). Mike Oldfield’s Tubular Bells contributed to the hysteria and popularity that surrounded the opening of this scary movie that ushered the era of demonic possession and rogue priests’ stories.
Ringu (1998). “The Ring”. Original Japanese version. This classic Japanese horror movie, copied and remade in the west more than once, became a sensation worldwide because of the story, the main character, and Kenji Kawai’s mysterious music.
The Bride of Frankenstein (1935). The music of this horror favorite was composed by Franz Waxman. It includes dramatic music, followed by sweet music, as this is a love story in a horror movie that evokes the loneliness of Mary Shelley’s creature, the fears of Dr. Frankenstein, and the evilness of Dr. Pretorius.
Rosemary’s Baby (1968). Perhaps the most unsettling opening theme in history. Krzysztof Komeda’s score is not really creepy, but it scares the listener, creating the perfect background for this Roman Polanski’s film.
El Vampiro (1957). “The Vampire” a horror black and white Mexican movie with a great music score by Gustavo César Carrion transports us to the horrors of the hacienda where the vampire lives.
Halloween (1978). John Carpenter directed, produced, and co-wrote Halloween, but he also wrote the world-famous score that immortalized those piano and synthesizer notes that scare the willies out of millions. Because of its simplicity, this score is memorable, easy to reproduce with any piano anywhere, and it stays in your head forever.
Psycho (1960). Arguably, Alfred Hitchcock’s master piece, with the most famous scene of all time, needed a score that projected all the fear and suspense of the story. It got it in the screeching, high-pitch notes composed by Bernard Herrmann. The score starts somewhat unassuming, but it all changes with the stabbing during the shower scene. The strings stab right along with the knife, and sends this movie score to the top of the list, creating a style and genre that others have tried to imitate ever since. I know there are many other great horror movie scores, but these always come to mind when I am in the booth during Halloween season, and the lights are dimmed while one them plays in the room. I now invite you to share with the rest of us some of your favorite scare movie theme songs.
Quality Interpreting is disappearing, and it is all the hiring entity’s fault.
October 5, 2022 § 8 Comments
Dear Colleagues,
Court interpreting in the United States, and probably elsewhere, is facing its biggest crisis since the courts worked with professional, certified and accredited interpreters half a century ago. Ignorance and lack of empathy in the court system has created a group of professional, highly specialized interpreters expected to work for subpar fees in both, State and Federal Courts.
Interpreters have been ignored and disrespected in several State systems where court interpreter pay is close to an unskilled worker’s, and has remained unchanged at such levels for years. Answers such as lack of resources, having to wait several budget cycles for the issue to be considered, have no credibility when wages of other officers of the court such as judges, State attorneys, and court reporters are raised and adjusted to inflation.
Spanish language federal court interpreters, arguably the most qualified group of court interpreters in the United States, have not seen a raise for many years, and have been ignored by the Judiciary when two letters signed by most interpreters were answered by the courts sending new contracts to these independent contractors at the same pay as every year for some time; not a word on a raise, or even an inflation cost of living adjustment. Many interpreters did not return the signed contract, others, changed the fees before signing it, and some signed and sent it back with the idea of not accepting any work as long as the fees issue remains unattended. We have learned that Washington, D.C., instead of contacting the various States, took the easy way, and it has been contacting several interpreters to discover what States pay for interpretation, instead of researching what the private sector pays.
This is important because for years, many of the most qualified, sought after, certified court interpreters have been ignoring the call of the courts, choosing instead the more profitable practice of interpreting for private attorneys, arbitrations, and depositions where they can make twice as much as what Federal Court pays. Sometimes even more.
The judiciary expects top-tier interpreters to work under abusive conditions, such as the federal cancelation policy. A few weeks ago, a federal judicial district issued a communication looking for federally certified court interpreters for a trial, the pay would be the same one interpreters are refusing to work for already. The communication stated the following as the court’s cancellation policy: “Because of the nature of the proceedings, in the federal courts, early terminations may occur. An interpreter is not entitled to a cancellation fee or additional compensation if the court gives the interpreter 24-hour notice that a trial will end early…” No compensation if notified 24 hours ahead of time! The court expects interpreters in high demand to set aside one or more weeks for a trial, and then leave them out in the cold if the parties settle, there is a plea agreement, the trial is continued, or the defendant pleads guilty. What individual in their right mind would agree to such terms? Only those who have to take the offer because they can get no work elsewhere. These will be rarely the best interpreters around.
This tendency is growing nationwide, and it is leaving the court system with a limited number of certified interpreters, some who stayed and work for little money because of the service they believe needs to be provided to a vulnerable population nobody in the system seems to care about, and those who cannot get work in the more competitive private sector because of their skill or lack of flexibility to travel or work long hours.
Many hearings, especially the short ones, and other interpreter services usually provided by certified interpreters, will continue to go to untrained, unskilled non-certified interpreters and paraprofessional bilinguals who will put non-English speakers at a disadvantage in their court proceedings. Sometimes, some courts, especially at the State level, may even use interpreters from another State, or those living in a foreign country who provide their services remotely, without a certification, and who gladly accept the low fees because their home country’s economy differs from the United States’.
Some certified court interpreters are even entering the conference interpreting field with no preparation, under the wrong assumption that certified court interpreters can interpret a conference. This complicates the landscape as interpretations in these conferences is deficient, and gives unscrupulous platforms and agencies some resemblance of legitimacy when they advertise the quality of their interpreters.
The constitutional mandate to have court interpreters may be at increasing risk every time judicial authorities remain inactive when interpreters, with justice and equity on their side, demand long overdue work conditions commensurate to the specialized service they provide, including fees that reflect this, and cost of living adjustments every year. Unless something is done to remedy this embarrassing issue, the administration of justice will be unequal, and the victims will all be humans: the litigants and others who appear in court, and the long ignored, and disrespected court interpreters.
The Professional Interpreter 