Development of Creative Commons licenses

[John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>]

That's a good point, Gisle.

I don't want to preclude what CC Legal thinks about this issue, but my
view as lead of CC DE is that these are simply standing terms. In
countries where they are part of the law they are understood, everywhere
else they don't matter, at the same time meaning it doesn't hurt really
to include them literally without translation.

In German that section would read then:

     *Ausnahmen und Schranken* meint Fair Use, Fair Dealing und/oder
     jegliche sonstige Ausnahme oder Schranke des Urheberrechts und
     ähnlicher Rechte, die bei Ihrer Nutzung des lizenzierten Materials
     greift.

For folks in Germany those verbatim English terms might or might not
ring a bell, but that's fine because those concepts don't exist in that
way in German copyright law anyways.

To me that sounds like the most straight forward approach.

Best
John


Am 12.02.2014 13:11, schrieb Gisle Hannemyr:
> 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?
>