[cc-community] Licenses and law interaction.

Javier Candeira javier at candeira.com
Thu Nov 4 18:20:53 EDT 2010


On Fri, Nov 5, 2010 at 2:14 AM, Alan Cox <alan at lxorguk.ukuu.org.uk> wrote:
>> > That's not how I understand it having worked as a translator (and
>> > translations are derivative works).
>>
>> You're right. I was confusing the physical outcome of some of the cases
>> I remembered with the legal basis for them. Whoops. :-)
>
> Translations are not always derivative works - the translation itself is
> not always a creative work, and it also depends on jurisdiction - so the
> translator doesn't always get any control.

Alan,

I've quoted Berne and relevant law where I've worked as a translator.

Could you please quote a statute or tell us about cases when
translation was not considered a creative work, or jurisdictions where
those the translator doesn't get control? If we are talking about
non-Berne countries, we should be making that proviso for anything we
discuss on this list, as Creative Commons licenses are based on Berne.

J



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