[cc-community] Licenses and law interaction.

Alan Cox alan at lxorguk.ukuu.org.uk
Thu Nov 4 18:56:27 EDT 2010


> 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.

The one I came across (not that got to a court) was a translation of
tables which was deemed to be a mechanical process. You still needed the
permission of the original author, and it would not have been an end run
about CC but the translator in that case (or rather the translators perl
scripts) didn't itself have any rights to the resulting work. I'll try
and dig out a reference.

One thing I've always wondered about translations is whether I commit an
offence if I paste a website into babelfish so I can read it ? (Ditto
google translate etc) 

If its a complete page it doesn't seem to be fair use in any form ?

Alan



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