Difference between revisions of "Legal Code Translation Policy"

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[[MOU and Policies Summary|Return to Summary page]]
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Creative Commons has established the following Official Legal Code Translation Process and Policy (“Legal Code Translation Policy”) to facilitate adoption and understanding of our licenses as tools for sharing creative works and data.  This Legal Code Translation Policy was established as of 2013 October 29 and is updated and revised by Creative Commons in its discretion. Any non-trivial revisions will be logged and dated at the bottom of this page.
  
Creative Commons has established the following Official Legal Code Translation Process and Policy (“Legal Code Translation Policy”) to facilitate adoption and understanding of our licenses as tools for sharing creative works and data.  This Legal Code Translation Policy is established as of 29 October 2013 and may be updated and revised by Creative Commons in its discretion. Any non-trivial revisions will be logged and dated at the bottom of this page.
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'''Watch this explanatory video:'''
  
As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. The Creative Commons Global Network works together to realize our shared values and build relationships around the world. '''Interested in signing up?''' Become a member at [https://network.creativecommons.org/ https://network.creativecommons.org/]. You can also join our [https://creativecommons.slack.com/messages/C9LNTF002/details/ Translation Working Group on Slack], to stay informed about materials that need to be translated or to suggest new materials.
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[[File:How-to-translate-licenses.png |link=https://www.youtube.com/watch?v=yhHPORrnMns]]
  
==Summary==
 
The legal code translation process in a nutshell:
 
 
1. Express your desire to translate by sending an email to legal (at) creativecommons (dot) org (CC Legal). Anyone can initiate a license translation or can be a member of a team translating licenses or other materials.
 
 
2. Prepare the draft translation using [[Legal_Code_Translation_Policy#Supporting_documents|the worksheets]] and submit it/them to CC Legal (use [[Legal_tools_translation_guide|translation guide]] as reference); the Attribution-NonCommercial-ShareAlike (BY-NC-SA) license will be translated first; the worksheets are read-only, you can't modify their content; to use the worksheets and edit them with your translation, you have two options:
 
 
:* Go to '''File''' - '''Make a copy''' and add them to your Google Drive;
 
:* Go to '''File''' - '''Download as''', choose a file format (we recommend .docx or .odt) and use the files offline.
 
 
2. Resolve questions and concerns regarding draft translation with CC Legal;
 
 
3. Initiate and coordinate a public comment period; changes recommended from the public are incorporated;
 
 
4. Send a written summary of changes recommended during the public comment to CC Legal and why they were or were not incorporated; CC Legal reviews, and then officially approves the draft of the BY-NC-SA license translation;
 
 
5. Prepare final, official translation: the team has the option of putting just BY-NC-SA into HTML, or creating the other 5 licenses first and putting all six licenses into HTML;
 
 
6. CC Legal puts the licenses on the [https://legal.creativecommons.org staging server] and sends links to the team; the team and CC Legal should run comparisons to find mistakes and confirm that translations of deed and chooser are completed; CC Legal will ask how the team wants language listed on the bottom of the other published translations;
 
 
7. Once any final edits made, CC Legal goes through the final checklist and pushes licenses live by merging into the master on [https://github.com/creativecommons/creativecommons.org/tree/cc4-de-legalcode/docroot/legalcode/ Github];
 
 
8. Translate supplementary materials;
 
 
9. HQ updates the [https://wiki.creativecommons.org/wiki/Legal_Tools_Translation Wiki page] of the translation;
 
 
10. The new Web pages are published on the [https://creativecommons.org/ CC website];
 
 
11. Launch official translation (to be treated as equivalents of the English originals).
 
 
Watch this explanatory video:
 
 
[[How-to-translate-licenses.png|link=https://www.youtube.com/watch?v=yhHPORrnMns]]
 
  
 
==Overview==
 
==Overview==
 
The legal code for the international Creative Commons licenses and for CC0 is designed for use worldwide, without any need for adaptation to local laws. For these tools to reach their fullest potential, CC encourages linguistic translations of the legal codes and deeds into as many languages as possible. This page describes the policy and process for developing official translations of Creative Commons legal code.
 
The legal code for the international Creative Commons licenses and for CC0 is designed for use worldwide, without any need for adaptation to local laws. For these tools to reach their fullest potential, CC encourages linguistic translations of the legal codes and deeds into as many languages as possible. This page describes the policy and process for developing official translations of Creative Commons legal code.
  
Legal code translation projects are coordinated and overseen by CC’s legal team in collaboration with the global network team. Creative Commons reserves the exclusive right to approve and host official translations of its legal tools, as well as to modify this process and adjust translation projects at any time. Per our policy, each official translation is hosted at a specified uniform resource indicator on CC’s website. The English original and the official translations will all be treated as equivalents. Translations of CC licenses that are not made in accordance with this policy are unauthorized modifications of our licenses per the [[Modifying_the_CC_licenses#License_Modification_Policy|License Modification Policy]].
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The process for developing new translations (each is called a “translation project”) is coordinated and overseen by CC’s legal team in collaboration with the global network team. Creative Commons reserves the exclusive right to approve and host official translations of its legal tools, as well as to modify this process and adjust translation projects at any time. Per our policy, each official translation is hosted at a specified uniform resource indicator on CC’s website. The English original and the official translations will all be treated as equivalents. Translations of CC licenses that are not made in accordance with this policy are unauthorized modifications of our licenses per the [[Modifying_the_CC_licenses#License_Modification_Policy|License Modification Policy]].
  
==Beginning new translation projects==
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==Translation process==
The process for developing new translations (each is called a “translation project”) is described below. Each translation project is led by individual or institutional members of the global network. Third parties may be hired to translate but must be paid for and supervised by the translation team.  
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===Step 1. Beginning new translation projects.===
 
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Anyone may initiate a translation project with CC. To express interest, please email legal [at] creativecommons [dot] org identifying the language you would like to coordinate.  
CC staff follow an internal checklist to track the progress of translations; while translation teams will not need to refer to it, it is provided [[Media:Internaltranslationchecklist_4feb14.pdf|here]] for informational purposes.
 
  
For translation projects already in progress as of the effective date of this Policy, please refer to the [[#Translations_in_progress_.28as_of_policy_effective_date.29|guidelines below]].
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Note that CC’s policy is to publish a single, official translation for any given language unless an important reason exists to allow more than one. This mirrors CC’s policy for translations of deeds. Anyone wanting to coordinate translation projects is expected to accommodate and encourage participation of others in the CC community, including from other jurisdictions where the language is spoken. CC will help coordinate this collaboration.  
  
==Translation project proposals==
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Once a new translation project is begun, CC will update its [[Legal_Tools_Translation|public tracking chart]] and create and populate a language-specific translation page for public tracking, which will be continually updated by CC throughout the translation process.  
Creative Commons accepts proposals from individual or institutional members of the global network to coordinate the linguistic translation of the legal code, deed, and related informational materials. CC acknowledges that several individual or institutional members of the global network share an official or primary language. CC’s policy is to publish a single, official translation for any given language unless an important reason exists to allow more than one. This mirrors CC’s policy for translations of deeds. Individual or institutional members of the global network wanting to coordinate translation projects are expected to accommodate and encourage participation of individual or institutional members of the global network from those other jurisdictions.
 
  
Proposals for leading a translation project should be sent to CC to legal (at) creativecommons (dot) org and should:
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===Step 2. Preparing the translation draft.===
#identify the language(s) into which members are offering to coordinate
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Please refer to the [[Legal_tools_translation_guide|legal tools translation guide]] while creating your translation because it contains information about common issues that arise when translating the text of the licenses and CC0. When translating the 4.0 license suite, please begin with BY-NC-SA using the worksheet [[Legal_Code_Translation_Policy#Supporting_documents|here]]. Typically, teams begin only with BY-NC-SA and defer creating the other five licenses until after the public comment period. If you are translating CC0, use this [[Legal_Code_Translation_Policy#Supporting_documents|worksheet]].  
#identify other current CC members jurisdictions where the language(s) are officially or primarily used
 
#summarize plans for coordinating with and encouraging the participation of other members as well as the broader communities within jurisdictions having the same official or primary language
 
#propose a timeline for completing the translation project.
 
  
Proposals may be posted by CC for comment or to encourage participation by those in jurisdictions sharing an official or primary language.
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Once the draft is complete, the translation team should send it to legal[at]creativecommons[dot]org, along with a writeup of the following:
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*Explanation of word choice for the following terms:
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**For version 4.0:
 +
***Adapted Material
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***Copyright and Similar Rights
 +
***Downstream recipients
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***Licensed Material
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***Share
 +
***ShareAlike
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**For CC0:
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***Copyright and Related Rights
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***Affirmer
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***Work
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***License
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***Waiver
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*Description of which concepts were challenging to translate and how decisions were made
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*Explanation of variations compared to terminology used on deed translation
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*Explanation of variations compared to terminology used in ports of same language
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*Names of translators
  
After the translation is approved by CC Legal, the translation project plans, translation leads, and other team members are then formalized and officially announced through postings in appropriate channels (e.g. [wiki.creativecommons.org/wiki/Legal_Tools_Translation the Wiki pages]). Translation teams offering to arrange for a third party to conduct the translation are responsible for all costs associated with the translation, supervising the translation process and conducting a final review prior to posting the draft for public comment.
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CC Legal will use this explanation during their Step 3 review, and will add it to language wiki page as part of public documentation of translation process.
  
The person(s) responsible for drafting, or overseeing the drafting, of a translation of legal code are referred to as “translation lead(s),” and those participating in the translation project, the “translation team.
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===Step 3. Review of draft.===
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CC Legal will conduct a review of the draft translation using the following checklist:
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#Use Google Translate to read through from top to bottom, looking for glaring errors like commercial uses allowed in NC license, for example.
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#Use Google Translate to ensure there are no references to specific local legislation.
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#Check that numbering and ordering of sections matches the English.
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#Check that cross-references within text are correct.
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#Make sure each defined term is in the same order as the English, and uses same capitalization throughout document.
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#Go through relevant issues list, checking draft on each point using Google Translate and asking questions of team as needed: 4.0 issues list [[Legal_tools_translation_guide#4.0_license_suite_issues|here]], CC0 issues list [[Legal_tools_translation_guide#CC0_issues|here]]
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#Check draft license translation against translations of deed to see if any notable changes in terminology. If yes, ask team for more information.  
  
==Translation process==
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CC Legal will correspond with the translation team to clarify questions and make changes until a final draft translation is completed. Note that this step will reveal whether there are updates needed for the deed translations. The translation team is responsible for ensuring that the deed is fully translated. For help translating the deeds, see the instructions [[Translating_CC_Deeds|here]].
===1. Preparing the first translation draft===
 
Once the translation team is finalized, the translation leads coordinate the work of the translation team in linguistically translating the legal code from English into the identified language. Please refer to the [[Legal_tools_translation_guide|legal tools translation guide]] while creating your translation because it contains information about common issues that arise when translating the text of the licenses and CC0.
 
  
When translating the 4.0 license suite, please begin with BY-NC-SA using the worksheet [[Legal_Code_Translation_Policy#Supporting_documents|here]]. (Note there is also a translation [[Legal_Code_Translation_Policy#Supporting_documents|worksheet]] for CC0.) All 4.0 translations must include an equivalent of the following: "Official translations of this license are available in other languages." All CC0 translations must include "Official translations of this legal tool are available in other languages." Additionally, translation of the phrases "Additional languages available:" and "Please read the FAQ for more information about official translations." will be needed for the navigation boxes on the licenses and CC0. These will appear on the translation worksheet along with the legal code.
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===Step 4. Public comment period.===
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The public comment period is designed to ensure the highest quality linguistic translations possible. The translation team posts the draft on the CC wiki and in appropriate channels for public comment and feedback for a reasonable period of time (typically about 30-45 days, but may be shortened or extended if circumstances warrant). We encourage teams to seek as much input as possible, including by reaching out directly to local experts where possible.  
  
When finalized, including any review and edits by the translation leads if the drafting involved a third party, the translation leads send the first draft to the CC legal team. At the same time, the translation leads should submit a written summary (in English) containing a description of any translation challenges they experienced. This summary may be included as part of the translation worksheet or written out separately.  
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At the conclusion of the public comment period, the translation team sends CC Legal a written summary of input received and how issues were resolved, along with the revised translation. CC Legal reviews the public comment summary from the translation team and asks questions as needed.  
  
The CC legal team reviews the translation of the legal code and the written explanation, in collaboration with the translation leads. During the review, CC may ask for modifications to the draft as well as additional information. The review stage continues until CC provisionally approves the draft as ready for public comment.
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===Step 5. Creating the rest of the license suite.===
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Note that this step only applies to translation of the version 4.0 CC license suite. Once all open issues are resolved with CC Legal after public comment, the translation team should create the other 5 licenses in the suite. For help in this process, refer to this [https://wiki.creativecommons.org/images/d/d1/Building_the_4.0_Suite.pdf guide]. Please consult CC Legal if you have any questions about word choices or anything else when creating the rest of the suite.  
  
===2. Public comment period===
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===Step 6. Readying files for staging server.===
The public comment period is designed to ensure the highest quality linguistic translations possible. The translation leads post the draft in appropriate channels for public comment and feedback for a reasonable period of time (typically about 30-45 days, but may be shortened or extended if circumstances warrant). If you would like to participate in the public comment process, please check the Wiki page for the desired language and look for instructions: [[Legal_Tools_Translation#Translation_status_of_the_4.0_licenses_and_of_CC0]]. If you don't find the instructions and the translation status is "in progress" or similar, it means that the public comment period didn't start yet. In that case, you may try to contact the translation team, if the contact details are available on the Wiki page. If not, please email CC Legal.
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At this point, the team converts the file(s) to HTML and sends the HTML file(s) to legal [at] creativecommons [dot] org. CC puts the file(s) on the staging server and sends the link(s) to the translation team.  
  
===3. Preparing the official translation===
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''NOTE: To create the HTML files, we recommend using the English legal code pages - [https://creativecommons.org/licenses/by/4.0/legalcode https://creativecommons.org/licenses/by/4.0/legalcode] et. al. - as templates for your own. You can access the HTML page for each license in Github, where the files are stored with comments.
At the conclusion of the public comment period, and following the resolution of comments by the CC legal team and the translation leads, the translation leads coordinate preparation and submission of the final official translation to CC in the format requested by CC (currently XHTML).  
 
  
====Creating the files====
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*BY-NC-SA is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/by-nc-sa_4.0.html here]
To create the HTML files, we recommend using the English legal code pages - [https://creativecommons.org/licenses/by/4.0/legalcode https://creativecommons.org/licenses/by/4.0/legalcode] et. al. - as templates for your own. You can download the HTML page for each license by going to File -> Save Page As… and then select “Webpage, HTML only”, or whatever equivalent there is for your browser. In a text editor or HTML editor, open each file you have saved. Copy and paste your appropriate license text over the previous text, being careful not to copy over the existing HTML tags, and re-check the code to ensure that there are no mistakes. Please ensure that all the XHTML files are saved using UTF-8 encoding, which generally will be the default.
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*BY is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/by_4.0.html here]
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*BY-SA is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/by-sa_4.0.html here]
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*BY-NC-ND is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/by-nc-nd_4.0.html here]
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*BY-NC is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/by-nc_4.0.html here]
 +
*BY-ND is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/by-nd_4.0.html here]
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*CC0 is [https://github.com/creativecommons/creativecommons.org/blob/master/docroot/legalcode/zero_1.0.html here]
  
Once you have completed the above steps and relevant processes in the [[legal code translation policy]], please send the XHTML file to legal (at) creativecommons (dot) org along with your report of drafting issues you encountered.
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Copy and paste the appropriate license text into a file using a text editor or HTML editor. Then, copy and paste your appropriate translation text over the English text, being careful not to copy over the existing HTML tags, and re-check the code to ensure that there are no mistakes. Please ensure that all the XHTML files are saved using UTF-8 encoding, which generally will be the default. Then save each file separately according to the following convention:''
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*''CC0'':
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** ''zero_1.0_[language code].html''
  
Then save each file separately according to the following convention:
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''(For example, "zero_1.0_fr.html" would be the naming for the French translation.)''
  
*CC0:
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*''4.0''
** zero_1.0_[language code].html
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**''by_4.0_[language code].html''
 +
**''by-sa_4.0_[language code].html''
 +
**'' [...]''
  
(For example, "zero_1.0_fr.html" would be the naming for the French translation.)
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===Step 7. Final review.===
  
*4.0
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The translation team and CC Legal conduct a final review of all files on the staging server. This review should involve a check of both the substance and formatting of the files.
**by_4.0_[language code].html
 
**by-sa_4.0_[language code].html
 
** [...]
 
  
===4. Translating supplemental materials===
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During this final review, CC Legal will use the following checklist:
The translation leads are responsible for coordinating the translation of supplemental and informational material relevant to the legal tool. The materials to be translated will be coordinated with Creative Commons, but must include the deed and the chooser (if not already translated), and may include the [[Considerations for licensors and licensees]], FAQs and other materials. See the [[Translating_CC_Deeds|instructions for translating deeds]]. For translations of the 4.0 suite, the other 5 licenses are also created during this stage, after final approval of the first submission.
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#Use Google Translate to read through from top to bottom, looking for glaring errors like commercial uses allowed in NC license, for example. [Note: in the case of 4.0, this may be the first time the translations of licenses other than BY-NC-SA have been reviewed, so pay special attention to the changes made to those files.]
 +
#Pay special attention to the license titles - are they correct and consistent throughout each file? Compare to titles on license deeds.
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#Check that formatting appears correct as compared to English (same number of provisions, identical section numbering, bold font)
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#Check that language list contains all published translations, including English
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#Check all links in the files
 +
#Check that deeds are fully translated
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#For version 4.0, cut and paste each file into a Word doc and run the following comparisons:
 +
#*BY-NC-SA to BY; compare to [https://wiki.creativecommons.org/images/c/c4/Making_BY_%28comparison%29.pdf this]
 +
#*BY-NC-SA to BY-SA; compare to [https://wiki.creativecommons.org/images/6/64/Making_BY-SA_%28comparison%29.pdf this]
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#*BY-NC-SA to BY-NC; compare to [https://wiki.creativecommons.org/images/6/6f/Making_BY-NC_%28comparison%29.pdf this]
 +
#*BY-NC-SA to BY-ND; compare to [https://wiki.creativecommons.org/images/a/a2/Making_BY-ND_%28comparison%29.pdf this]
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#*BY-NC-SA to BY-NC-ND; compare to [https://wiki.creativecommons.org/images/7/70/Making_BY-NC-ND_%28comparison%29.pdf this]   
  
===5. Publication===
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This stage continues until all identified problems are resolved.  
The official translation, once finalized, is then posted by CC on the Creative Commons website, where it will be maintained at a stable URL. The deed and other materials will also be updated as necessary. Once posted, the text is final and no elements of the [[legal code]] may be changed; any further corrections will be published on the [[Legalcode errata|Errata]] page. Creative Commons will also announce the translation to the public, in coordination with the translation team.
 
  
==Translations in progress (as of policy effective date)==
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===Step 8. General Counsel sign-off.===
Individual or institutional members of the global network who began preparing translations before this Policy was instituted and wish to have their translations considered official should notify CC Legal and provide the following information:
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Once the translation team and CC have signed off on all files, CC Legal sends the file(s) to General Counsel for final sign-off. CC Legal will coordinate details for blog post announcement with translation team at this point.  
# Language of translation;
 
# Persons involved in the translation;
 
# Description of the translation process undertaken;
 
# Description of any public comment process and involvement (or request for involvement) of other individual or institutional members from jurisdictions with the same official or primary language.
 
  
The CC legal team will review the information and will make a determination as to appropriate next steps consistent with the processes and principles described above.  
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===Step 9. Pull request submitted.===
 +
Once the General Counsel signs off, CC Legal submits a pull request on Github for the CC tech team with details about how language should be listed in the language lists on the footer of other published translations.
  
All teams beginning translations after January 2018 should follow the regular process outlined above.
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===Step 10. Publication.===
 +
Once the pull request is merged by the tech team, CC will alert the translation team and publish announcement on the CC blog and social media. CC Legal will update wiki tracking sheet with publication dates. Translation team should update Transifex so that deeds link to published translation rather than English legal code.  
  
==Supporting documents==
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==Key Resources==
 
* [[Legal tools translation guide]]
 
* [[Legal tools translation guide]]
 
* [[Media:Building_the_4.0_Suite.pdf|Building the 4.0 Suite (.pdf)]]
 
* [[Media:Building_the_4.0_Suite.pdf|Building the 4.0 Suite (.pdf)]]
Line 124: Line 125:
 
* [[Media:Making_BY-ND_(comparison).pdf|Making the BY-ND license (comparison) (.pdf)]]
 
* [[Media:Making_BY-ND_(comparison).pdf|Making the BY-ND license (comparison) (.pdf)]]
 
* [[Media:Making_BY-NC-ND_(comparison).pdf|Making the BY-NC-ND license (comparison) (.pdf)]]
 
* [[Media:Making_BY-NC-ND_(comparison).pdf|Making the BY-NC-ND license (comparison) (.pdf)]]
* 4.0 translation worksheet: [https://docs.google.com/document/d/1Vq6b89z6HWP1KZ66FNvx9E1GTeyAguPKk_zb4jXg4u8/ Google Doc], [[Media:4.0_translation_worksheet_(BY-NC-SA)(Feb_2015).odt|.odt]], [[Media:4.0_translation_worksheet_(BY-NC-SA)(Feb_2015).docx|.docx]], [[Media:4.0_translation_worksheet_(BY-NC-SA)(Feb_2015).pdf|.pdf]] (updated 23 November 2016)
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* 4.0 translation worksheet: [https://docs.google.com/document/d/1Vq6b89z6HWP1KZ66FNvx9E1GTeyAguPKk_zb4jXg4u8/ Google Doc], [[Media:4.0_translation_worksheet_(BY-NC-SA)(Feb_2015).odt|.odt]], [[Media:4.0_translation_worksheet_(BY-NC-SA)(Feb_2015).docx|.docx]], [[Media:4.0_translation_worksheet_(BY-NC-SA)(Feb_2015).pdf|.pdf]] (updated 2016 November 23)
* CC0 translation worksheet: [https://docs.google.com/document/d/12bmP4guaewK2U0eGQIFd-2N5XVlpB1rGULfxHthhODA/ Google Doc], [[Media:CC0_translation_worksheet.odt|.odt]], [[Media:CC0_translation_worksheet.docx|.docx]], [[Media:CC0_translation_worksheet.pdf|.pdf]] (updated 23 November 2016)
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* CC0 translation worksheet: [https://docs.google.com/document/d/12bmP4guaewK2U0eGQIFd-2N5XVlpB1rGULfxHthhODA/ Google Doc], [[Media:CC0_translation_worksheet.odt|.odt]], [[Media:CC0_translation_worksheet.docx|.docx]], [[Media:CC0_translation_worksheet.pdf|.pdf]] (updated 2016 November 23)
  
 
==Changelog==
 
==Changelog==
* 26 May 2018: As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. This policy reflects the new structure.
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* 2019 September 17: Moved formatting check to Step 7 since that is when bold and other formatting is added; changed instructions for converting to HTML
* 14 March 2017: Moved "Creating the files" from [[Legal tools translation guide]] to this page
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* 2019 September 3: Revised process to better reflect current practice in terms of who and how translations are initiated, and added far more detail about different steps in the process.
* 21 November 2016: Removed the obligation to send the translation proposal using the forms
+
* 2018 May 26: As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. This policy reflects the new structure.
* 4 November 2016: Added detailed new steps to the translation process
+
* 2017 March 14: Moved "Creating the files" from [[Legal tools translation guide]] to this page
* 17 April 2015: Clarification that unofficial translations violate License Modification Policy
+
* 2016 November 21: Removed the obligation to send the translation proposal using the forms
* 4 February 2015: Change in supplemental material requirements, added CC0 translation worksheet
+
* 2016 November 4: Added detailed new steps to the translation process
* 4 February 2014: Additional supplemental material requirements, new version of internal checklist posted
+
* 2015 April 17: Clarification that unofficial translations violate License Modification Policy
* 24 January 2014: More detailed summary.
+
* 2015 February 4: Change in supplemental material requirements, added CC0 translation worksheet
* 29 October 2013: Policy established.
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* 2014 February 4: Additional supplemental material requirements, new version of internal checklist posted
 +
* 2014 January 24: More detailed summary.
 +
* 2013 October 29: Policy established.
  
 
[[Category:Translation Project]]
 
[[Category:Translation Project]]

Latest revision as of 18:16, 14 October 2020

Creative Commons has established the following Official Legal Code Translation Process and Policy (“Legal Code Translation Policy”) to facilitate adoption and understanding of our licenses as tools for sharing creative works and data. This Legal Code Translation Policy was established as of 2013 October 29 and is updated and revised by Creative Commons in its discretion. Any non-trivial revisions will be logged and dated at the bottom of this page.

Watch this explanatory video:

How-to-translate-licenses.png


Overview

The legal code for the international Creative Commons licenses and for CC0 is designed for use worldwide, without any need for adaptation to local laws. For these tools to reach their fullest potential, CC encourages linguistic translations of the legal codes and deeds into as many languages as possible. This page describes the policy and process for developing official translations of Creative Commons legal code.

The process for developing new translations (each is called a “translation project”) is coordinated and overseen by CC’s legal team in collaboration with the global network team. Creative Commons reserves the exclusive right to approve and host official translations of its legal tools, as well as to modify this process and adjust translation projects at any time. Per our policy, each official translation is hosted at a specified uniform resource indicator on CC’s website. The English original and the official translations will all be treated as equivalents. Translations of CC licenses that are not made in accordance with this policy are unauthorized modifications of our licenses per the License Modification Policy.

Translation process

Step 1. Beginning new translation projects.

Anyone may initiate a translation project with CC. To express interest, please email legal [at] creativecommons [dot] org identifying the language you would like to coordinate.

Note that CC’s policy is to publish a single, official translation for any given language unless an important reason exists to allow more than one. This mirrors CC’s policy for translations of deeds. Anyone wanting to coordinate translation projects is expected to accommodate and encourage participation of others in the CC community, including from other jurisdictions where the language is spoken. CC will help coordinate this collaboration.

Once a new translation project is begun, CC will update its public tracking chart and create and populate a language-specific translation page for public tracking, which will be continually updated by CC throughout the translation process.

Step 2. Preparing the translation draft.

Please refer to the legal tools translation guide while creating your translation because it contains information about common issues that arise when translating the text of the licenses and CC0. When translating the 4.0 license suite, please begin with BY-NC-SA using the worksheet here. Typically, teams begin only with BY-NC-SA and defer creating the other five licenses until after the public comment period. If you are translating CC0, use this worksheet.

Once the draft is complete, the translation team should send it to legal[at]creativecommons[dot]org, along with a writeup of the following:

  • Explanation of word choice for the following terms:
    • For version 4.0:
      • Adapted Material
      • Copyright and Similar Rights
      • Downstream recipients
      • Licensed Material
      • Share
      • ShareAlike
    • For CC0:
      • Copyright and Related Rights
      • Affirmer
      • Work
      • License
      • Waiver
  • Description of which concepts were challenging to translate and how decisions were made
  • Explanation of variations compared to terminology used on deed translation
  • Explanation of variations compared to terminology used in ports of same language
  • Names of translators

CC Legal will use this explanation during their Step 3 review, and will add it to language wiki page as part of public documentation of translation process.

Step 3. Review of draft.

CC Legal will conduct a review of the draft translation using the following checklist:

  1. Use Google Translate to read through from top to bottom, looking for glaring errors like commercial uses allowed in NC license, for example.
  2. Use Google Translate to ensure there are no references to specific local legislation.
  3. Check that numbering and ordering of sections matches the English.
  4. Check that cross-references within text are correct.
  5. Make sure each defined term is in the same order as the English, and uses same capitalization throughout document.
  6. Go through relevant issues list, checking draft on each point using Google Translate and asking questions of team as needed: 4.0 issues list here, CC0 issues list here
  7. Check draft license translation against translations of deed to see if any notable changes in terminology. If yes, ask team for more information.

CC Legal will correspond with the translation team to clarify questions and make changes until a final draft translation is completed. Note that this step will reveal whether there are updates needed for the deed translations. The translation team is responsible for ensuring that the deed is fully translated. For help translating the deeds, see the instructions here.

Step 4. Public comment period.

The public comment period is designed to ensure the highest quality linguistic translations possible. The translation team posts the draft on the CC wiki and in appropriate channels for public comment and feedback for a reasonable period of time (typically about 30-45 days, but may be shortened or extended if circumstances warrant). We encourage teams to seek as much input as possible, including by reaching out directly to local experts where possible.

At the conclusion of the public comment period, the translation team sends CC Legal a written summary of input received and how issues were resolved, along with the revised translation. CC Legal reviews the public comment summary from the translation team and asks questions as needed.

Step 5. Creating the rest of the license suite.

Note that this step only applies to translation of the version 4.0 CC license suite. Once all open issues are resolved with CC Legal after public comment, the translation team should create the other 5 licenses in the suite. For help in this process, refer to this guide. Please consult CC Legal if you have any questions about word choices or anything else when creating the rest of the suite.

Step 6. Readying files for staging server.

At this point, the team converts the file(s) to HTML and sends the HTML file(s) to legal [at] creativecommons [dot] org. CC puts the file(s) on the staging server and sends the link(s) to the translation team.

NOTE: To create the HTML files, we recommend using the English legal code pages - https://creativecommons.org/licenses/by/4.0/legalcode et. al. - as templates for your own. You can access the HTML page for each license in Github, where the files are stored with comments.

Copy and paste the appropriate license text into a file using a text editor or HTML editor. Then, copy and paste your appropriate translation text over the English text, being careful not to copy over the existing HTML tags, and re-check the code to ensure that there are no mistakes. Please ensure that all the XHTML files are saved using UTF-8 encoding, which generally will be the default. Then save each file separately according to the following convention:

  • CC0:
    • zero_1.0_[language code].html

(For example, "zero_1.0_fr.html" would be the naming for the French translation.)

  • 4.0
    • by_4.0_[language code].html
    • by-sa_4.0_[language code].html
    • [...]

Step 7. Final review.

The translation team and CC Legal conduct a final review of all files on the staging server. This review should involve a check of both the substance and formatting of the files.

During this final review, CC Legal will use the following checklist:

  1. Use Google Translate to read through from top to bottom, looking for glaring errors like commercial uses allowed in NC license, for example. [Note: in the case of 4.0, this may be the first time the translations of licenses other than BY-NC-SA have been reviewed, so pay special attention to the changes made to those files.]
  2. Pay special attention to the license titles - are they correct and consistent throughout each file? Compare to titles on license deeds.
  3. Check that formatting appears correct as compared to English (same number of provisions, identical section numbering, bold font)
  4. Check that language list contains all published translations, including English
  5. Check all links in the files
  6. Check that deeds are fully translated
  7. For version 4.0, cut and paste each file into a Word doc and run the following comparisons:
    • BY-NC-SA to BY; compare to this
    • BY-NC-SA to BY-SA; compare to this
    • BY-NC-SA to BY-NC; compare to this
    • BY-NC-SA to BY-ND; compare to this
    • BY-NC-SA to BY-NC-ND; compare to this

This stage continues until all identified problems are resolved.

Step 8. General Counsel sign-off.

Once the translation team and CC have signed off on all files, CC Legal sends the file(s) to General Counsel for final sign-off. CC Legal will coordinate details for blog post announcement with translation team at this point.

Step 9. Pull request submitted.

Once the General Counsel signs off, CC Legal submits a pull request on Github for the CC tech team with details about how language should be listed in the language lists on the footer of other published translations.

Step 10. Publication.

Once the pull request is merged by the tech team, CC will alert the translation team and publish announcement on the CC blog and social media. CC Legal will update wiki tracking sheet with publication dates. Translation team should update Transifex so that deeds link to published translation rather than English legal code.

Key Resources

Changelog

  • 2019 September 17: Moved formatting check to Step 7 since that is when bold and other formatting is added; changed instructions for converting to HTML
  • 2019 September 3: Revised process to better reflect current practice in terms of who and how translations are initiated, and added far more detail about different steps in the process.
  • 2018 May 26: As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. This policy reflects the new structure.
  • 2017 March 14: Moved "Creating the files" from Legal tools translation guide to this page
  • 2016 November 21: Removed the obligation to send the translation proposal using the forms
  • 2016 November 4: Added detailed new steps to the translation process
  • 2015 April 17: Clarification that unofficial translations violate License Modification Policy
  • 2015 February 4: Change in supplemental material requirements, added CC0 translation worksheet
  • 2014 February 4: Additional supplemental material requirements, new version of internal checklist posted
  • 2014 January 24: More detailed summary.
  • 2013 October 29: Policy established.