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Unlimited NDA Banned in Spain: Legal Experts Say Silence Can’t Last Forever!

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By Logan Whitmere

Unlimited NDA Banned in Spain: Legal Experts Say Silence Can’t Last Forever!

Photo of author

By Logan Whitmere

Are you ready to change the game? Discover how translation teams are demanding their rightful place in the credits and how the industry is responding!

The Call for Recognition

Recently, the Spanish Association for Translation and Audiovisual Adaptation (ATRAE) issued a challenge to game studios and localization agencies to properly credit translators—a longstanding but still necessary request. This movement, driven by ATRAE’s video game committee, highlights the ongoing struggle for recognition that professional translators face in the gaming industry. The association’s campaign, marked by the hashtag #TranslatorsInTheCredits, was sparked by an initiative from Gameloc Gathering, which has not only promoted the hashtag but also helped raise awareness of the issue. The movement gained further momentum with support from the CreditsLoc account, which posts games that fail to credit translators.

Pantalla de créditos de videojuego mostrando nombres de traductores y equipo de localización
Los créditos del juego ahora reconocen cada vez más el trabajo de los equipos de traducción.

Legal Rights and Misconceptions

One key element in the battle for translator recognition lies in the protections afforded by the Intellectual Property Law (LPI). This law includes provisions, such as Article 14.3, that allow creators to decide how and where they want to be acknowledged in their work. Despite these clear legal rights, many localization agencies either do not provide the names of their translators or developers are unaware of these rights. ATRAE’s video game committee has been focusing on these legal guarantees to prevent the authorship of translation professionals from being overlooked. They also address common misconceptions about non-disclosure agreements (NDAs), clarifying that overly restrictive NDAs are not legally enforceable in Spain, despite their widespread acceptance.

An Uptick in Recognition

Throughout their advocacy, ATRAE has noticed a positive trend: more game developers and publishers are beginning to credit translation teams, reducing the need for the association to intervene directly. This improvement, while gradual, is significant. Compared to previous years, more games are now acknowledging their localization teams at major industry events like the Game Awards. In 2022, it was noted that two out of five games credited their localization teams, a number that slightly increased in 2023.

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Equipo diverso de desarrolladores de juegos colaborando en una sala de reuniones moderna
Más desarrolladores eligen asociarse con agencias de localización ética y reconocen a sus traductores.

Challenges and Long-Term Goals

Despite these advancements, ATRAE faces continuous challenges, including the need for more widespread industry collaboration. Their long-term goals include advocating for remunerated rights similar to those enjoyed by other specialized fields. However, they often encounter a lack of willingness from other associations dedicated to rights management to join forces with ATRAE’s video game committee.

Developers Making a Difference

The role of game developers is crucial in the localization process. For instance, the creators of Minami Lane chose LocQuest for their localization needs due to their ethical treatment and fair compensation of workers, especially significant in an era where AI threatens to lower working conditions and salaries in the field. This decision was praised on social media, underscoring the importance of ethical considerations in choosing localization partners.

Through a combination of legal advocacy, social media campaigns, and collaboration with ethical developers, ATRAE continues to push for the recognition and proper accreditation of translation professionals in the gaming industry. Their efforts highlight a growing awareness and appreciation for the essential role that localization plays in the global reach and success of video games.

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