Jurisdictions

Italy

Language coordination
We involved CC Switzerland in the translation drafting process: we contacted Florian Docummun to be sure he could circulate the draft translation with interested colleagues in Switzerland.

Translation Status

4.0: Final.
CC0: Final.

Key dates

4.0:

First draft was submitted: 28 April 2014
Public comment period: first round: 1 July 2014 - 20 August 2014 ; final round: 4 August 2015 - 4 September 2015
Translation officially published: 31 July 2017 (read the blog announcement)

CC0:

First draft was submitted: 2 April 2015
Public comment period: 2 March 2015 - 16 March 2015
Translation officially published: 25 July 2017

Translation team

4.0:

  • Federico Morando (CC Italia Project Lead)
  • Massimo Travostino (legal expert - member of the CC Italia working group)
  • Alessandro Cogo (legal expert - member of the CC Italia working group)
  • Claudio Artusio (member of the CC Italia working group)
  • Marco Ricolfi (Scientific Coordinator of the CC Italia legal working group)

In addition to the above, the draft translation was commented by Nexa Center's fellows Elena Pavan, Stefano Leucci, Marco Ciurcina, and Miryam Bianco, and by Monica Palmirani, Manuela Avidano, Maurizio Lana, Matteo Montanari, Giacomo Di Grazia, Luca Spinelli, and Simone Musarra.

CC0:

Federico Morando (CC Italia Project Lead) Massimo Travostino (legal expert - member of the CC Italia working group) Alessandro Cogo (legal expert - member of the CC Italia working group) Claudio Artusio (member of the CC Italia working group) Marco Ricolfi (Scientific Coordinator of the CC Italia legal working group). In addition to the above, the first translation was drafted by Angelo Maria Rovati, Silvia Bisi and Francesco Ermini.

Translation process

4.0:

We produced a first draft of the 4.0 licenses that circulated internally for the first round of comments. Subsequently, this first draft was evaluated by the legal experts of CC Italia. In addition, some fellows of the Nexa Center provided comments to the very first translation draft. Following a probably old process, we did a public consultation process on the CC Italia website and mailing list at this step. Then, according to the Legal Code Translation Policy, this double-checked version was sent to the Regional Coordinator and to the CC HQ legal team. The translation currently implemented the changes suggested by the CC HQ. See below for more details about the public review and consultation process and for additional, minor changes requested from the CC HQ and documented on GitHub. Such minor changes do not imply any substantial modification and therefore did not call for an additional public consultation process (but the CC-IT working group organized a final internal review, in order to verify the final version of the translation on stage, before its final publication).

CC0:

A first draft of the Italian translation was made available on the CC wiki in May 2013 (https://wiki.creativecommons.org/Publicdomain/zero/1.0/LegalText_%28Italian%29). The draft circulated internally among the legal experts of CC Italia and the fellows of the Nexa Center for feeds and comments. In March 2015 a final public comment period was opened: the double-checked version was shared through the CC Italia mailing lists, while further dissemination of the public comment period was channelled through the CC Italia website and CC Italia-related social media. The last round of minor changes and modifications, agreed with the CC HQ legal team is documented on GitHub (https://github.com/nexacenter/cc-it).

Public Comment and Review

4.0:

In July 2014, a more formal public comment period was opened: http://www.creativecommons.it/consultazione-ccpl-4.0. The aforementioned post was online on the CreativeCommons.it website since the 1st of July 2014 and it was posted on the mailing lists of CC-Italy on the 4th of July 2014 (lists: cc-it@lists.ibiblio.org, community@creativecommons.it, and announce@creativecommons.it). We received some feedback from Luca Spinelli, and an additional comment from Simone Musarra: all comments are still visible on the following GoogleDoc and were focused on style and formal issues: https://docs.google.com/document/d/1BHxd76uVGEcYb9fJgqZDERttbjJKpvwPePF5UYUswUY/edit?usp=sharing. The public consultation was formally closed on August 20, 2014, but the GDocs actually remained open for comments during the following year.

Final reviews on GitHub

The last round of minor changes and modifications agreed with the CC HQ legal team is documented on GitHub: https://github.com/nexacenter/cc-it. As you can see, e.g., here - https://github.com/nexacenter/cc-it/commit/448229e9152ccefa80c20e7326fbcb02248468f1 - most of the edits in this last round were purely formal (above, we substituted the abbreviated form "Art." with the full word "Articolo", meaning article/paragraph; and we added a list of links to existing translations).

Key translation decisions and challenges

4.0:

Translation choices were guided by the principle of adhering as closely as possible to the original English text. In order to do that, we minimized the differences with respect to the original English text, apart from a few cases, in which we decided to use some periphrases, in order not to introduce ambiguities.

A specific example in which we choose not to translate the English original, in order not to introduce any ambiguity, concerns the English words "fair use" and "fair dealing", used as examples of exceptions and limitations ("Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright [...]") which are related to specific copyright doctrines in the United States, and which do not fully and easily map to any Italian legal term. In Italy, the broader terms "eccezioni e limitazioni" (exceptions and limitations) is the only Italian legal term that may be eligible to possibly encompass these doctrines (which are not contemplated as such in our legal system), without the risk of misunderstanding or ambiguities with other concepts (for instance, "uso leale" - which may be a literal translation of fair use - is adopted in the Italian version of the TRIPs Agreement - art. 17 Exceptions (to Trademarks Rights) - regulating the fair use of descriptive terms: see here http://www.wto.org/english/docs_e/legal_e/27-trips_04_e.htm and here http://www.dircomm.it/brevetti/materiali/TRIPs.html). Therefore, "fair use" and "fair dealing" appear as such (and quoted) in the Italian translation.

CC0:

The translation adheres as closely as possible to the original English text: "the"Affirmer" was translated as "il Dichiarante", which literally translates "the Declarant" and appeared to be the nearest acceptable word. (Similarly, "the Waiver" was translated as "la Rinuncia", which would literally translate as "the Renounciation/Abdication" - but in this case "Waiver" itself would also be a perfectly standard re-translation.) "Licenza Pubblica in Subordine" (i.e., literally "public license in the alternative") is our translation for the English "Public License Fallback": the Italian translation may sound slightly unusual or ambiguous, but this is actually a term defined within the CC0 legal text, therefore no legal uncertainty is generated by the rather complex choice of words.

Draft translation files

4.0 license suite:

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

CC0 license / waiver: CC0

FINAL translation files

4.0:

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

CC0: https://creativecommons.org/publicdomain/zero/1.0/legalcode.it