Development of Creative Commons licenses

[Teresa Nobre <teresaraposonobre AT gmail.com>]

I suggest the use of the original terms in English with quotation marks and the (literal) translation of the same in brackets or vice-versa. That's what the Portuguese team did in the Deeds.

Best,

Teresa

2014-02-12 22:37 GMT+00:00 Sarah Pearson <sarah AT creativecommons.org>:

Thanks for raising this issue, Gisle. The references to fair use and fair dealing are intended merely as examples of exceptions and limitations to copyright. The question of whether they translate and/or are recognizable in other languages is an interesting one, and it is an issue CC has dealt with in the past during the porting process with respect to other terms (e.g., regarding the term "Creative Commons").

We're inclined to think the parentheticals about U.S. and UK law are not an ideal solution, but we are curious to hear what the rest of the affiliate community has to say on this. Another possibility is to include the terms in English with quotation marks, perhaps in parentheticals?

best,
Sarah

Sarah Hinchliff Pearson, CC Senior Counsel
http://creativecommons.org/staff#sarahhinchliffpearson
sarah AT creativecommons.org
______________________________

On Wed, Feb 12, 2014 at 6:11 AM, Gisle Hannemyr <gisle AT ifi.uio.no> wrote:

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
_______________________________________________
List info and archives at http://lists.ibiblio.org/mailman/listinfo/cc-licenses
Unsubscribe at http://lists.ibiblio.org/mailman/options/cc-licenses

In consideration of people subscribed to this list to participate
in the CC licenses http://wiki.creativecommons.org/4.0 development
process, please direct unrelated discussions to the cc-community list
http://lists.ibiblio.org/mailman/listinfo/cc-community

_______________________________________________
List info and archives at http://lists.ibiblio.org/mailman/listinfo/cc-licenses
Unsubscribe at http://lists.ibiblio.org/mailman/options/cc-licenses

In consideration of people subscribed to this list to participate
in the CC licenses http://wiki.creativecommons.org/4.0 development
process, please direct unrelated discussions to the cc-community list
http://lists.ibiblio.org/mailman/listinfo/cc-community