Difference between revisions of "Legal Tools Translation/4.0/Arabic"

Jurisdictions

Algeria, Egypt, Iraq, Kuwait, Lebanon, Oman, Qatar, Sudan, Syria, Yemen

Language coordination
Comment will be sought from the wider CC Arab world community through the mailing list as well as other communities involved with internet issues in the Arab world such as GlobalVoicesOnline and IGMENA.

Translation Status

4.0: Final.
CC0: Not started.

Key dates

4.0:

First draft was submitted: 9 May 2016
Public comment period: 12 July 2016 - 21 July 2016
Translation officially published: 23 February 2017 (read the announcement on the CC blog)

Translation team

4.0:

• Riyadh Al Balushi (Translation Lead) - lawyer from Oman
• Hala Essalmawi - Egypt CC Legal Lead
• Faiza Souissi - teacher from Algeria
• Sadeek Hasna - lawyer from Syria
• Pierre El Khoury - Lebanon CC Legal Lead
• Ahmed M. AbouZaid - lawyer from Egypt
• Hayder Al Shakeri - from Iraq
• Talal Taqi - lawyer from Kuwait
• Ahmed Gharbeia - FOSS and free culture advocate from Egypt and contributor, senior at ADEF
• Abdelhaq Fareh - assistant professor of computer science from Algeria
• Mohammed Kambal - Sudanese internet activist
• Amr Mustafa - founding member of the Internet Society of Yemen
• Mohammad Al Said - Reader in intellectual property and international law

The translation process was facilitated by the Arab World Regional Coordinator, Mrs. Naeema Zarif. Details: http://www.slideshare.net/NaeemaZarif/cc-40-arabic-translation-team.

Translation process

4.0:

This translation is the result of an unprecedented collaboration among more than a dozen translation and technical team members from nine Arab countries. The translation team consulted with members of the CC community in the Arab world to achieve consensus on technical and legal terms. The public consultation resulted in contributions by lawyers, active license users, linguists, translators, librarians, and representatives of cultural heritage institutions. Blogs, social media and a mailing list were used to inform the translation process. The Arabic translation was funded in part with the generous support of the Ford Foundation and Wikimedia Foundation.

Translation lead prepared the initial draft and posted it on Google Drive. Translation team members reviewed the initial draft on Google Drive and made their comments on the document directly. A group reading of the initial draft was conducted via Skype and the comments were discussed. Mr. Mohammad El Said reviewed the draft and reconciled differences. A f2f meeting in Istanbul was held to facilitate the translation process and the draft was sent to Regional Coordinator and HQ. Then the public comment period began and the comments were reviewed by the translation team members. The translation team discussed the suggestions and amendments on Skype and the final draft sent to Regional Coordinator and HQ.

Discussion group: https://groups.google.com/forum/#!forum/cc4arabictranslation.

Key translation decisions and challenges

4.0:

The initial draft was prepared as a fresh translation without using the previous ports available in Arabic for Egypt and Jordan. As Arabic is one of the official languages of the UN, the draft relied on the official Arabic translation of popular IP conventions and treaties, namely:

• Berne Convention for the Protection of Literary and Artistic Works
• WIPO Copyright Treaty
• Beijing Treaty on Audiovisual Performances
• Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities

Egypt 3.0 ported licenses were used in limited cases as a reference for difficult translations.

October 2014

The translation team had a disagreement on the translation of some basic and fundamental terms in the translation due to the fact that Arab countries use different words to explain some basic copyright concepts. Such terms include "work", "adapt", "circumvent", "access", "reproduce", "distribute", "communicate", "royalties", "moral rights", "integrity", "effective technological measures", "make available", and "notice". The translation team is currently considering using the terms used in the translations of the IP treaties mentioned above. The use of the treaties will be limited to translating specific terms and will not replace the language of the licenses as a whole with that of the treaties.

November 2014

The translation team used a survey among its members to identify the level of disagreement in regard to some of the technical terms used. The survey was designed by the translation project lead and was sent to the other twelve members. Eight out of the twelve responded to the survey and the following came out of this exercise: All the members who completed the survey agreed on using the treaties as a point of reference for the translation.

There is consensus regarding the translation of the following terms:

Work = مصنف

Royalties = أتاوات

Effective Technological Measures = التدابير التكنولوجية الفعالة

Make Available = يتيح

Sui Generis Database Rights = الحقوق الفريدة لقاعدة البيانات

Material (e.g. adapted "Materia") = مادة

Corporation = مؤسسة

There is a certain amount of disagreement in regard to the following terms:

Circumvent = Seven people agreed to the term "تحايل" as a translation, one person suggested "تفادي" instead.

Deed = Seven people agreed to the term "صك" as a translation, one person suggested "حجة".

Adaptation = Six people agreed to the term "تحوير" as a translation, but one person suggested "تكييف" as an alternative and another person suggested "اقتباس".

Terms and Conditions = Six people agreed to the term "شروط" as a translation for both terms, one person suggested "احكام وشروط" while another suggested "بنود وشروط".

Notice = Six people agreed to the term "اخطار"as a translation, one person suggested "إشعار" while another suggested "إنذار".

Disclaimer = Six people agreed to the term "تنصل"as a translation, one person suggested "إخلاء المسؤولية" while another suggested "تنفي".

Limitation = Six people agreed to the term "تقييد" as a translation, one person suggested "قيد"while another suggested "قيود".

Integrity = Four people agreed to the term "حصانة" as a translation, two people suggested "نزاهة" as an alternative, another thought that it depends on the context, and one last member omitted his answer to this specific question.

License = Five people agreed to the term "رخصة" as a translation, two people suggested "ترخيص", and one last member omitted his answer to this specific question.

Communicate to the public= Five people agreed to the term "النقل للجمهور", one person suggested "الإتاحة للجمهور" as an alternative, another stated that he did not find this term in the license, and one last member omitted his answer to this specific question.

In regard to the translation of the license elements, the survey produced the following results:

Attribute = Four people agreed to the proposal to change it to "النسبة", three people thought that it should not be changed from "نسبة المصنف", and one proposed that it is called "نسب المصنف".

Non-Commercial= Seven people agreed to the proposal to change it to "غير التجاري", and one person thought that it should not be changed from "غير تجاري".

ShareAlike = Seven people agreed to the proposal to change it to "المشاركة بالمثل", and one person thought it should not be changed from "الترخيص بالمثل".

December 2014

A proposal was made by a couple of members of the translation team to change the format of the wording of Arabic translation from the second person (using "You") to the third person (replacing "You" with the "Licensee"). CC HQ was consulted about this matter and they responded saying that such a change could make the translation become more of an adaptation than a literal translation and that the Arabic translation should only use it if there is a legal requirement for making this amendment. The translation team discussed this issue on a number of Skype calls, the members generally thought that the Arabic text would sound more natural if written in the third person as opposed to the second person, however, the majority did not seem to believe that there is a legal barrier against using the format of the second person. The Skype call was also used to discuss a few terms to be finally agreed upon using a survey.

January 2015

A survey was circulated among the members of the translation team and 8 respondents out of 11 agreed that there are no legal barriers against using the original first person format in the Arabic translation, therefore the original second person format will not be changed. In addition to this, a proposal was made to make the wording of the translation explicitly feminine and masculine as standard Arabic writing is masculine by default while English includes both. The same survey was used to seek the opinion of the team on this matter and 10 out of the 11 respondents agreed that such change is not necessary.

Furthermore, the translation of the following terms were covered by the survey:

Integrity = the votes were scattered around a few options, but the term "نزاهة" acquired the most.

Legal Code = 7 people voted for "نص" while 4 voted for "نظام".

Publicity Rights = 9 people voted for "إشهار" while 2 voted for "إعلان الهوية".

Endorsement = 5 people voted for "مصادقة" while 4 voted for "إقرار" and 1 voted for "إسناد".

Merchantability = 7 people voted for "قابلية المتاجرة" while 2 voted for "جودة البيع".

Dissemination = 6 people voted for "تعميم" while 3 voted for "نشر".

Standard = 7 people voted for "قياسية", while 3 voted for "معيارية" and 1 voted for "منمطة".

Severe = 6 people voted for "تفصل" while 5 voted for "تزال".

Voluntary = 7 people voted for "طوعي" while 3 voted for "اختياري" and 1 voted for "إرادي".

During the calls prior to the survey, it was decided to make the translation of "Creators" consistent with "Creative" taken from the translation of the "Creative Commons". Consequently, the translation for the term "Original" was taken from Arab copyright laws using the term "مبتكر". The term "lawyer-client" was also discussed during the calls and it was agreed to mean "علاقة المحامي وموكله" and not " علاقة توكيل قانونية" as the latter means "power of attorney".

February 2015

A number of group readings were conducted over Skype to review the translation text and decide on smaller language issues. The translation of the term "integrity" was changed from "نزاهة" to "سلامة" as the latter is a term found in one of the national Arab copyright laws (Algeria).

March 2015

A poll was made to decide on whether the license element translation should be changed, namely: ShareAlike, Attribution, and NonCommercial. None of the proposed changes to the translation of the element names received a majority vote, so the proposals were not taken forward.

April 2015

Dr. Mohammad El-Said joined the team. Dr. El Said reviewed the last Arabic language draft of the licence against the English BY-NC-SA license and produced a proposed translation for a discussion, then he had individual calls with Ms. Hala Esalmawi, Dr. Pierre Khoury, and Mr. Sadeek Hasna. After the calls El-Said annotated points of difference, and made recommendations and proposals for resolution, after that the team had a collective Skype call.[ Draft Text AUGUST 11th 2015]

The main terms covered by the Skype call:

Jurisdiction: most participants agreed to term “ اختصاص قضائي” as a translation, Mr. Hasna suggested “ولاية قضائية” instead.

Legal Code: most participants agreed to term “النظام الثانوني” as a translation, Mr. Hasna suggested "النص القانوني" instead.

Informational purposes: Dr. Khoury suggested the term “غايات الاستعلام” as a translation.

Altered : the participants agreed to term “التغيير” as a translation.

Public License: most participants agreed to term “الرخصة العمومية” as a translation, Dr. Khoury suggested “الترخيص العمومي” instead.

Exception: Ms. Esalmawi suggested the term “تقييد” as a translation.

Work: the participants agreed to term “العمل” as a translation.

Circumvented: most participants agreed to term “إبطال” as a translation, Mr. Hasna suggested " التحايل" instead.

Offer: most participants agreed to term “الإيجاب” as a translation, Dr. El Said suggested "عرض" instead.

Integrity: most participants agreed to term “‘سلامة” as a translation, Dr. Khoury suggested “كليّة" instead.

Subject: the participants agreed to term “‘يخضع ” as a translation.

Use: the participants agreed to term “استعمال” as a translation.

Without limitation: most participants agreed to term “دون تقييد” as a translation, Mr. Hasna suggested "على سبيل المثال لا الحصر" instead.

You: the participants agreed to term “انت” as a translation, and added the term “انت” every time the term “You” appears in the license text. Dr. Khoury suggested that the translation should took into consideration the difference between feminine and masculine in Arabic language in the context of the license text.

August 2015

In collaboration with CC Arab World Regional Coordinator Ms. Naeema Zarif, the team held a face-to-face meetings in Istanbul for two days in 15 and 16 of August (attended by Dr Mohammad El-Said, Ms. Hala Esalmawi, and Mr Sadeek Hasna). During the meetings, the team reviewed the whole translation, verified the terminology and agreed on the final content of the translation.

The main terms covered by the meetings:

Copyright: the participants agreed to term “حق المؤلف” as a translation.

Informational purposes: the participants agreed to term “غايات تعريفية” as a translation.

Adapted Material: the participants agreed to term “المواد المُحوَّرة” as a translation.

Without limitation: the participants agreed to term “دون تقييد” as a translation.

Circumvented: the participants agreed to term “التحايل” as a translation.

Fair use: the participants agreed to term “الاستخدام العادل” as a translation.

Offer: the participants agreed to term “الإيجاب” as a translation.

Integrity: the participants agreed to term “‘سلامة” as a translation.

Creator: most participants agreed to term “مبتكر ” as a translation, Ms. Esalmawi suggested “مبدع" instead.

Also the participants had a Skype call with General Counsel and Corporate Secretary for CC Diane Peters to discuss some terms and some technical issues, such as the translation of term “creator“; Ms. Peters suggested to translate it as “مبتكر” because it gives the term a broader meaning that the license aimed to. Other issue the participants discussed with Ms. Peters is the translation of term “You”, Dr. El Said believed that translation of the term to Arabic would make the text of the Arabic license redundant since the text is understandable in Arabic without translation of term “You“, Ms. Peters agreed on that and she mentioned that Spanish translation faced the same problem.

October 2015

The team started working on the 6 licenses documents and finalizing the final draft.

January 2016

Mr. Sherif Masry reviewed and edited the linguistic final draft of the translation.

Draft translation files

4.0:

1. BY
2. BY-SA
3. BY-NC
4. BY-ND
5. BY-NC-SA
6. BY-NC-ND

FINAL translation files

4.0:

1. BY
2. BY-SA
3. BY-NC
4. BY-ND
5. BY-NC-SA
6. BY-NC-ND