Federal Court of Justice on translators’ fees/Bundesgerichtshof zu Erfolgshonoraren für Übersetzer

The German Federal Court of Justice (Bundesgerichtshof) has pronounced judgment in a case relating to a literary translator’s fee. It has sent the case back for retrial, so the decision in this specific case is outstanding, but in principle it supports the plaintiff.

The BGH press release in German is available at the court site and is reprinted in the Börsenblatt. In buchreport there was an article on the background.

The translator in question translated two novels from English into German in 2001 (the German Copyright Act was changed in 2002). She was paid the fifteen euros per page customary in the business at that time. She assigned all her rights of use to the publisher – in Germany, you can’t assign copyright, but you can assign the rights of use of the copyright, which boils down to the same thing here. She therefore did not share in the profits.

The court held that in principle the plaintiff can require the publisher agree to alter her contract. At the time it was entered into, it was customary for fifteen euros per page to be paid. But the intention of the Act was that a translator should have a reasonable share in the profits made on every business use of the translation (presumably this is wider than just print media), for at that time it could not be foreseen that for the period of copyright – until seventy years after the plaintiff’s death – there would be so little profit that fifteen euros a page was a reasonable payment.

International Translator’s Day/Hieronymustag

(St. Jerome by Rubens, via Wikimedia Commons)

Today is St. Jerome’s Day, which has now apparently become International Translator’s Day, and I am celebrating by translating.

Here are a couple of links, though.

1. Ghaddafi About the story of Ghaddafi’s interpreter collapsing: Richard Schneider has a full account, in German, which suggests that the New York Post was inaccurate when it said the interpreter collapsed after 75 minutes and shouted ‘I can’t take it any more’ – it seems he managed 90 minutes, and the UN interpreter only had to take over the last 5 minutes. The speech was intended to be about 15 minutes long. But simultaneous interpreters usually do about 20 minutes, as far as I know. Ghaddafi said he had brought his own interpreter, because he was going to speak an obscure dialect, but in fact he did not speak dialect. The chairmanship/presidency is currently held by Libya, by rotation, and that is why there was no complaint about the procedural irregularity. (How did Ghaddafi’s French interpreter manage?)

Richard Schneider gibes YouTube links to all sections of the speech. Here is the last one, including the takeover of the interpreting by the UN. These videos may not be accessible online for very long.

2. Becoming a medical translator On her blog, Sarah Dillon has an interview with Andrew Bell, who does medical and pharmaceutical translations and also runs the site Watercooler.

3. White House calls for machine translation Thus Global Watchtower reports.

Last week, the Executive Office of the President and National Economic Council issued its “Strategy for American Innovation.” Among the recommendations was a call for “automatic, highly accurate and real-time translation between the major languages of the world — greatly lowering the barriers to international commerce and collaboration.” In other words, machine translation (MT) has captured somebody’s attention in the President’s inner circle.

This tactic would certainly save all the problems associated with human translators – a potential such was recently held for hours, apparently for having Arabic flashcards in his backpack. (TSA defends itself).

David Hawkes obituary/Nachrufe

I’ve read The Story of the Stone (the Dream of the Red Chamber) twice this year but I didn’t realize that David Hawkes, who translated the first three volumes, died on 31 July (the last two volumes were translated by John Minford, his son-on-law).

There’s an article in today’s Guardian by Fu Ying, the Chinese ambassador to the UK, Remembering David Hawkes. Guardian obituary by John Gittings, Times obituary

Hawkes apparently gave up his chair of Chinese Studies at Oxford to translate full-time.

The translation is a very good read, witty as well as erudite. I love the translations of the names of all the servants and other characters (Baoyu’s servant Ming Yan (Tea Mist) is Tealeaf – although he isn’t a thief, he is resourceful and cunning – the Buddhist nun is Mother Euergesia, and I recall a passing reference to members of the Chinese upper class including ‘Piggy Feng’, which could have come from Evelyn Waugh)

Apart from reading, I’ve also been watching the 1987 TV version on 12 DVDs; a 2009 version is being made. I wouldn’t recommend watching this in reliance on the English subtitles unless you’ve read the novel first: this is some of the worst English I’ve ever seen, and some of the subtitles go past so fast you can scarcely see them, let alone read them, but I assume the film gives a good impression of what the garden may have looked like, the big funeral processions, the arrangements for eating, the plays (operas) and so on. See the chapter titles here for an idea of the English in the subtitles.

Redology (with one d, Guardian) is the study of the Dream of the Red Chamber. One of Fu Ying’s criticisms of the translation is that Hawkes decided not to use the colour red throughout as it is used in the Chinese.

There were, of course, points at which Hawkes was less successful. His reluctance to use the word “red” drew criticism, for “red” is central to the message of the book, referring as it does in Chinese culture to all the good things in life: youth, love, prosperity, and nobility. He avoided ‘red’ in the title of the book which he translated into The Story of the Stone, rather than Dream of Red Mansions. He also translated the hero’s residence as House of Green Delight, instead of Happy Red Court as its Chinese name literally suggests.

Hawkes discusses these decisions in notes and forewords.

Next on my reading list in Dore J. Levy’s Ideal and Actual in the Story of the Stone, which can easily be got second-hand.

Dream of the Red Chamber/Traum der roten Kammer

I’ve been a bit remiss with this blog, because I have been reading The Story of the Stone (aka The Dream of the Red Chamber) by Cao Xueqin. I had read the first volume twice and the second once, and when I finished that, the rest hadn’t appeared (vol. 5 was 1986). Now I have got to the middle of Book 4. After that I only need to read the other three (or perhaps four – I like the first two amazon.com reviews of Jin Ping Mei) famous Chinese novels.

Since there are a few dozen major characters and several hundred minor ones, I won’t offer a synopsis. But it’s a good read. It contains many stories, and the characters are rounded, so that it’s like taking a journey into a world that is foreign in time and space.

The Hawkes/Minford translation (Hawkes did Books 1 to 3 and Minford Books 4 and 5) was greatly praised. There are two translations online. One is by H. Bencraft Joly, done in 1891 and available in Project Gutenberg as two volumes, up to chapter 56 (vol. 1, vol. 2. The other is by B.S.Bonsall and was done in the 1950s – it was complete and was to be published in the USA, but the plan was dropped when Penguin announced the Hawkes translation. Bonsall’s son has put a typewritten MS online.

One aspect of the Hawkes translation that is praised is the handling of colloquialisms and vulgarity. Here’s an example from chapter 9:

Jokey Jin grinned. ‘Caught you in the act, didn’t I?’ He began to clap his hands and chant in a loud, guffawing voice,
‘Bum-cake!
Bum-cake!
Let’s all have a
Bit to eat!’ …
Tealeaf had by now singled out Jokey Jin and grabbed him by the front of his jacket.
‘Whether we fuck arseholes or not,’ he said, ‘what fucking business is it of yours’ You should be bloody grateful we haven’t fucked your dad. Come outside and fight it out with me, if you’ve got any spunk in you!’

Here is Joly:

“What I have now detected,” replied Chin Jung smiling, “is the plain
truth!” and saying this he went on to clap his hands and to call out
with a loud voice as he laughed: “They have moulded some nice well-baked
cakes, won’t you fellows come and buy one to eat!” (These two have been
up to larks, won’t you come and have some fun!)…
During this while, Ming Yen had entered the room and promptly seizing
Chin Jung in a grip: “What we do, whether proper or improper,” he said,
“doesn’t concern you! It’s enough anyway that we don’t defile your
father! A fine brat you are indeed, to come out and meddle with your Mr.
Ming!”

(For the end, Bonsall has a reference to ‘abusively indecent remarks’).

However, there aren’t that many passages like this in the novel, so the fact that the Joly version is somewhat bowdlerized is not the end of the world.

One odd association I have when reading this novel is with Harry Potter. The long descriptions of clothes and food are very reminiscent, and in Book 4, when Bao-Yu is learning to write octopartite compositions and so much Latin is used. I wondered if Rowling had been reading this before writing.

I noted in the introductions that redology is moving on, and wondered how much more has been discovered about the novel since 1986.


The Story of the Stone
translated by David Hawkes and John Minford.

The recent full German translation (I haven’t seen it).

German summary, from China Heute

The Dream of the Red Chamber in Wikipedia.

Summaries in Cliffs Notes.

LATER NOTE: I don’t think I praised this novel enough. It’s a glimpse of a world that would otherwise be virtually lost. It also subsumes the miseries of life, especially for women who made unfortunate marriages, under a Buddhist (or Taoist or Confucian) view that romantic love is an illusion. Although the last forty chapters may tone down the author’s original intentions – the family is not destroyed, but returned to imperial favour – there is enough evidence of what might have been its ending. I will be reading more about it, in addition to having read it twice now, because what the stories tell the reader seems harder for me to understand with relatively little knowledge of Chinese society and literature of the time. I did watch the DVDs of the 1987 TV production, which I believe give a good impression of what the buildings and the garden might have looked like, the arrangement of people sitting and eating on the kang, the splendid funerals and so on (the English subtitles are often terrible and often too fast, so you need to know the novel first).

There’s a discussion going on here – interesting on the weaknesses of the Hawkes/Minton translation.

Rantzen

It’s OK to be negative about Esther Rantzen, but the comments ought not to do an injustice to the German language:

Please stand for Parliament. Please. I cannot think of a better candidate to beat a worse one. In German, her name means “to talk to others in a patronising manner” as in the phrase “Ich rantze wie dieses herablassende Weibchen Esther Rantzen”.
Lt.-Cnl. Kojak Slaphead III | 05.20.09 – 6:20 am