How Do Rights and Royalties Work for a Translated Play?

Overview

When a play written in one language is performed in another, two sets of copyright holders are involved: the author of the original text and the translator who creates the version used on stage. Both parties own distinct but complementary rights, and both are entitled to a share of the royalties that arise from public performance, broadcasting, publication or any other exploitation of the translated work.

Legal status of a translated play

Under French law a translation is considered a œuvre dérivée (derivative work). The translator acquires copyright in the translation, but only to the extent that the original author’s rights have been respected. The translation may also be treated as a work of collaboration if the parties agree that the translator’s contribution is inseparable from the original text. The distinction determines how the rights are allocated and how royalties are split.

In the United Kingdom and many other jurisdictions the situation is similar: the translator holds copyright in the translation as a literary work, while the author retains copyright in the underlying play. Both sets of rights are protected by the Berne Convention and national legislation.

Rights of the original author

The author retains the exclusive right to authorise the public communication of the original text (performance right, broadcast right, etc.). When the work is translated, the author must grant a licence for the creation of the translation and for any exploitation of that translation. In France, the Société des Auteurs et Compositeurs Dramatiques (SACD) administers these rights for most playwrights. For performances carried out in French, a French‑language author receives the full share of the royalties that relate to the text itself.

Rights of the translator

The translator obtains patrimonial (economic) rights in the translation and also enjoys moral rights (right of attribution and integrity). These rights are independent of the author’s rights, but they can only be exercised in the scope authorised by the author. The translator’s economic rights include the right to receive royalties when the translated text is performed, published, or otherwise exploited.

In France the translator’s share of royalties is agreed with the author on a 100 % basis – meaning the two parties decide how the total royalty pool is divided between them. The agreement must be recorded on a declaration form signed by both the author (or his/her rights holder) and the translator.^[1]

Royalty distribution

When a performance society (e.g. SACD, the Authors’ Society in the UK) collects fees for a staged production, it distributes the money according to the percentages stipulated in the author‑translator agreement. Typical arrangements are:

• Author 70 % – Translator 30 % (common for new translations).
• Author 50 % – Translator 50 % (used when the translation is considered a true collaboration).
• Any other split agreed in writing.

If the play is performed in the original language, the translator receives no royalties because no translation is being used. Conversely, if the original author is not a French‑language writer and the production uses a French translation, the author’s share is reduced proportionally to the translator’s contractual percentage.

Obtaining permission to use a translation

Producers must seek written consent from both the author (or his/her authorised society) and the translator before a translation can be rehearsed, published or performed. In the French SACD system the request is routed to each rights holder; no licence is granted unless every party signs the authorisation.^[1]

In practice the workflow is:

1. Identify the copyright holder(s) of the original play.
2. Confirm that the translator holds a valid copyright in the version you intend to use.
3. Negotiate a written agreement that specifies:
   • Scope of the licence (stage, radio, TV, digital streaming, publication).
   • Territory (France, EU, worldwide).
   • Duration.
   • Royalty split and payment schedule.
4. Sign a declaration form (SACD) or a bespoke contract (see below).
5. Submit the signed documents to the collecting society for registration.

Contractual arrangements

Two main types of contract are used:

1. Commission‑oriented translation agreement. The producer commissions a translator to create a new French version. The contract usually contains:
   • Transfer of the economic rights in the translation to the producer (or to the author) for the agreed territory.
   • A fixed fee for the translation plus a royalty share on subsequent performances.
   • Clauses preserving the translator’s moral rights (right to be named, right to object to mutilation).
2. Licence agreement. The translator already owns the translation and grants the producer a licence to use it. The licence mirrors the author‑translator royalty split and may be limited to a single production or to a series of productions.

The Dramatists Guild in the United States provides a template that separates the creation of the translation from any third‑party production licence. Although drafted for US law, the structure is useful internationally and reminds parties to clarify who retains copyright in the translation and who may grant licences.^[4]

Practical steps for producers

1. Research the rights chain. Use databases such as the SACD catalogue, the UK‑PRS for Music & Authors, or the relevant national collecting society.
2. Secure a written split. Obtain a signed declaration or contract that clearly states the percentage each party receives.
3. Register the translation. In France the translation must be declared to SACD; in other countries it should be entered with the national authors’ society.
4. Collect and remit royalties. The collecting society will calculate the total fees collected from the performance and distribute them according to the agreed split.
5. Maintain records. Keep copies of all agreements, licence requests and royalty statements for audit and future productions.

Common pitfalls

• Assuming the author’s permission covers the translation. Without the translator’s consent the licence is incomplete.
• Failing to specify the medium. Radio, TV, streaming and printed publication each trigger separate royalty regimes.
• Overlooking moral‑right clauses. Translators may object to alterations that damage the integrity of their version; contracts should address revision rights.
• Neglecting territorial limits. A licence for France does not automatically extend to Belgium, Switzerland or Canada.

Summary

Rights and royalties for a translated play are split between the original author and the translator, each holding distinct copyright in their contribution. The split is negotiated on a 100 % basis, recorded in a signed declaration (France) or contract, and enforced by collecting societies. Producers must obtain written consent from both parties, clearly define the scope of use, and respect moral‑right provisions. By following a structured workflow—identifying rights holders, drafting a clear agreement, registering the translation, and monitoring royalty payments—international productions can avoid legal disputes and ensure fair compensation for all creators.