Francesco Poli wrote:
> On Mon, 11 Apr 2005 01:47:19 +0100 Henning Makholm wrote: > >> (I wonder what happens in jurisdications whose copyright >> law is not phrased in terms of "derived" - or that have >> several native words which are given different explicit >> meaning by the local law but would all need to be >> represented as a form of "derive" in English). >>
The important term in this case is not the word "derived" nor the similar word "derivative", but the word *Transformation*. See below for more...
>
> In jurisdictions such as the Italian one, for instance?
>
> In Italian author's right law ("legge sul diritto
> d'autore"), there is no use of or definition for the term
> "derivative work", AFAICS.
>
> The law speaks about collective works ("opere collettive")
> and creative elaborations of the work ("elaborazioni di
> carattere creativo dell'opera"). The former term refers to
> works that result from joining other works or parts of works
> in a creative way (by means of choice and coordination for a
> specific goal). The latter refers to substancial
> transformations and modifications (of a work) that have
> creative character.This is exactly what is translated to English (specifically to 17USC terms) as "derivative works". In Brazilian Portuguese (Lei 9609/89 "Lei dos Direitos Autorais" = Author's Rights Act, art. 5º, VIII, 'g') they are called "obras derivadas", which are closer to the English version, and defined as "the work that, while is a novel intellectual creation, results from the transformation of the original work".
> > Here in Italy, AFAIK, only those free software enthusiasts > that are interested in legal aspects speak about derivative > works (translating it as "opere derivate"). They do so just > because they are exposed to common-law-centric legalese (the > one used in licenses, above all) and they rightfully choose > a simple short term instead of the many long phrases Italian > law is full of...
In Rome, do as Romans do :-) when dicussing in Italian, use the correct expression (elaborazioni di carattere creativo), preferently mentioning often where it is defined in your copyright law.
> > IANAL, anyway. > IANAL TINLA for you too :-)
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