Rules about recording interpreters for live streaming and diffusion on internet

You are hired to interpret at a book presentation by a foreign scholar. When you arrive you discover three television cameras pointed at the podium where you are to sit next to the presenter. When you inquire what the cameras are for, you are off-handedly informed that the presentation will be web cast in real time and will remain available on their website for a year. The CDs of the presentation will be made available for a small price. Why, is there a problem?

Yes, there is a problem. Interpretation is subject to international copyright agreements administered by WIPO and UNESCO. Our work is for immediate consumption only. AIIC recommends signing a separate agreement for recording of interpretation services, stipulating assignment of copyright and conditions for the use of the recording. At a minimum, negotiate an additional fee for the extra stress involved.

Source: AIIC Memorandum concerning the use of recordings of interpretation at conferences

• The protection of intellectual and creative works and their use by third parties, are subject to national legislation, bilateral agreements and international agreements, in particular the International Copyright Convention and the Berne Convention for the Protection of Artistic and Literary Works.
  
  
• The performance of conference interpreters is protected under international law. The Berne Convention provides protection for the interests of authors; translations are protected as original works and translators are protected as authors. When fixed in material form, of any nature whatsoever (printed, sound or audiovisual recording, records, discs, magnetic tapes, videograms, slides, films, wire, cable, transparencies, photocopies, microcards, or any similar method) the performance of the conference interpreter becomes a translation within the meaning of the Berne Convention and the exclusive rights foreseen in the Convention apply to the author. (para 5)
  
  
• The purpose of the rules governing copyright is the protection of the legitimate rights of the author. Thus, no one may publish the work of an author, nor exploit it in any other way without the preliminary consent of the author: the exclusive right to grant such authorization belongs solely to the author, i.e. the interpreter. (para 6)

Practical Suggestions when a client wants to record your interpretation

• Sign a separate contract for assignment of rights to the recording that states the type of use and methods of disseminating the recording
  
  
• The interpreter may choose to require that their name be published by the user
  Protect yourself from alterations to the recording that may be detrimental to your reputation
  
  
• Negotiate a fixed fee or pro rata remuneration
  
  
• Ensure there is consent of third parties when necessary, i.e. of original speakers