According to Translators’ Charter published by The International Federation of Translators at http://www.fit-ift.org/?p=251, “every translator shall enjoy all the rights with respect to the translation he/she has made, which the country where he/she exercises his/her activities grants to other intellectual workers.”
Throughout his/her life, the translator is to exercise the right to be recognized as the author of the translation. His/her name shall be compulsorily referred to when his/her translation is published; he/she has the right to challenge any modification or misuse of his/her translation; and no users of his/her translation may make any changes to the translation without the translator’s prior written consent. The translator also may authorize or forbid any use of the translation. Moreover, he/she is entitled to remuneration and a share in the success of his/her translation.
Issues related to the copyright are often disregarded by translators. Many translators have to do their own investigation of the issue and to negotiate with their publishers or authors.
The copyright laws are substantially similar in most countries, which have acceded to the Bern Convention for the Protection of Literary and Artistic Works as their national legislations are based on the Convention. Over 150 countries have joined the agreement. From April 12, 1999, the Republic of Kazakhstan became a member of the International Union for the Protection of Literary and Artistic Works (“Berne Union”), founded by the Berne Convention.
Translation is generally considered a derivative work because translation is derived from the original work (for example, a novel or a poem).
According to the Civil Code of the Republic of Kazakhstan, derivative works, inter alia, shall be subject to the copyright. The derivative works shall be protected by the copyright, whether their originals or underlying texts are protected by the copyright or not.
According to the Kazakhstani Law on Copyright and Neighboring Rights #6-I dated June 10, 1996, as amended as of 24.11.2015, official documents (laws, court decisions, and other legislative, administrative, judicial and diplomatic texts), as well as official translations thereof shall not be subject to the copyright.
Pursuant to Article 12 of the said Law, the translator shall have the copyright to his/her work, provided that he/she respects the rights of the author of the text translated. According to Article 15, the author has the right (droit moral) to protect his/her work, and this is one of his/her personal non-property rights. Therefore, the author of the original may, at his/her sole discretion, permit or forbid translating it. According to Article 16 of the Law, the author or other copyright holder shall be entitled to remuneration for any use of the original work, including for translation of it. The amount and payment procedure shall be described in the relevant agreement.
If a translator fails to sign an agreement with the author or the latter’s successors authorizing him/her to translate a text, the translator will not enjoy any proceeds from publication of his/her work. No court will issue a judgment against the author of the original. However if such agreement has been executed, and the translator’s copyright is infringed, he/she may demand restoration of the infringed right. (The full list of Kazakhstan’s IP laws according the World Intellectual Property Organization’s website is available at http://www.wipo.int/wipolex/en/profile.jsp?code=KZ).
The UNESCO Nairobi Recommendations on the Legal Protection of Translators and Translations and the Practical Means to improve the Status of Translators dated November 22, 1976, reasonably stipulates that the translator’s copyright shall not prevent other persons from making their own translations.
I hope, the above information will help you in your future negotiations. I would like to hear about your personal experiences in this field.