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Subject: Development of Creative Commons licenses

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  • From: Gisle Hannemyr <gisle AT ifi.uio.no>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Translation of Exceptions and Limitations
  • Date: Wed, 12 Feb 2014 13:11:10 +0100

CC 4.0 uses the following defintion of Exceptions and Limitations:

*Exceptions and Limitations* means fair use, fair dealing,
and/or any other exception or limitation to Copyright and
Similar Rights that applies to Your use of the Licensed Material.

The concept of "fair use" is (AFAIK) specific to US copyright law
and has no equivalent in Norwegian copyright law.

The concept of "fair dealing" is (AFAIK) specific to British and
Commonwealth copyright law and also has no equivalent in Norwegian
copyright law.

As I understand it "fair use" and "fair dealing" are technical
terms, referring to explicit legislation. However, if I used
some other English phrase with a similar *everyday* meaning,
for instance "honourable application", it would probably *not*
be understood by many that I was talking explicitly about
exceptions and limitations to copyright.

When we worked on the CC 3.0 licenses, we were *porting* those.
This meant that we were allowed to use concepts from Norwegian
law, so in the ported version of the 3.0 licenses when term
"Fair Dealing Rights" was replaced with "Lånereglene"
("Borrowing Rights"), which is what Exceptions and Limitations
to Copyright is collectively referred to in Norwegian legal
literature.

However, this time around, were not supposed to port the licenses,
but to do a "linguistic translations". And "references to specific
local legislation" is explicitly forbidden according to
http://wiki.creativecommons.org/4.0_translation_guide

So how do we translate terms that refer explicitly to US and British
law, and were a literal translation of these terms is bound to be
misunderstood?

So far, my team has decided to use the following:

*Exceptions and Limitations* means /fair use/ (as defined in
US copyright law), /fair dealing/ (as defined in British and
Commonwealth copyright law), and/or any other exception or
limitation to Copyright and Similar Rights that applies to
Your use of the Licensed Material.

(In Norwegian of course, but here translated back into English to
make the point comprehensible to non-Norwegian speakers.)

However, this is an awkward solution, so I am looking for opinions
and ideas about how to deal with this. How do other translators
outside the English speaking world deal with this particular
paragraph?

--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
========================================================================
"Don't follow leaders // Watch the parkin' meters" - Bob Dylan




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