For the contemporary English-language translator who seeks forms
of resistance against the regime of fluent domestication, Tarchetti
exemplifies a foreignizing translation practice that operates on two
levels, that of the signified as well as the signifier. His discursive
strategy deviated from the dominant realism by releasing the play of
the signifier: he amplified the discursive registers of Shelley’s fantastic
narrative, both mimetic and marvelous, and thus forced an
uncertainty over the metaphysical status of the representation (is the
elixir “real” or not?), preempting the illusion of transparency. Yet
Tarchetti’s plagiarism also produced the illusion of his authorship: he
effaced the second-order status of his translation by presenting it as
the first Gothic tale written in the Italian of the dominant realist
discourse, establishing his identity as an oppositional writer, fixing
the meaning of his text as dissident. Like the contemporary writer of
fluent English-language translations, Tarchetti was invisible to his
readers as a
Tarchetti’s translation practices cannot be imitated today without significant revision. Plagiarism, for example, is largely excluded by copyright laws that bind translators as well as authors, resulting in contracts designed to insure that the translation is in fact a translation, and that it does not involve the unlicensed use of any copyrighted material. Here is a sampling of standard clauses from recent translation contracts,[5] including those wherein the translator is termed the “author” of the translation:
You warrant that your work will be original and that it does not infringe upon the copyright or violate the right of any person or {185} party whatsoever, and you agree to indemnify and hold us and any licensee or seller of the Work harmless against any damages sustained in any claim, action, proceeding or recovery based on an alleged violation of any of the foregoing warranties.
The Author warrants that he has full power to make this agreement; that the Work has not previously been published in book form in the English language; that all rights conveyed to the Publisher hereunder are free of encumbrances or prior agreements; that the Work does not violate any copyright in any way. The Author will hold harmless and defend the Publisher and its licensees against all claims, demands or suits related to these warranties. The Author will compensate the Publisher […]
Author warrants that he is the sole author of the Work; that he is the sole owner of all the rights granted to the Publisher […] Author shall hold harmless Publisher, any seller of the Work, and any licensee subsidiary right in the Work, against any damages finally sustained.
The shrewdness and sheer audacity of Tarchetti’s plagiarism may make it attractive to dissidents in Anglo-American literary culture— especially dissident translators interested in upsetting current practices in the publishing industry. Yet the fact remains that to publish an unauthorized translation of a copyrighted foreign text is to invite legal proceedings whose cost will far exceed the translator’s income from even a bestselling translation.