英文の翻訳おねがいします。

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  • The difference between the role of Congress in shaping the copyright system and the role of courts in applying the fair use defense is that Congress is constrained in its task second,whether as a rule transaction costs would stand in the way of a negotiated license.
  • Only if both questions are answered affir-matively will the fair use defense apply.
  • The most salient point about transaction costs as an occasion for applying the fair usedoctrine is that transaction costs are mutable, and the too liberal dispensation of fair use can slow the investment in institutions and technologies that might reduce transaction costs to manageable levels and consequently dispense with any need for the doctrine.
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英文の翻訳おねがいします。

翻訳お願いします。今読んでいる英文の法律誌でどうしても訳せない部分があるので、英語の得意な方で訳していただけないでしょうか。ニュアンスが分かればいいのでよろしくお願いします。 1The difference between the role of Congress in shaping the copyright system and the role of courts in applying the fair use defense is that Congress is constrained in its task second,whether as a rule transaction costs would stand in the way of a negotiated license. 2Only if both questions are answered affir-matively will the fair use defense apply. 3The most salient point about transaction costs as an occasion for applying the fair usedoctrine is that transaction costs are mutable, and the too liberal dispensation of fair use can slow the investment in institutions and technologies that might reduce transaction costs to manageable levels and consequently dispense with any need for the doctrine.

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  • MXT500
  • ベストアンサー率67% (101/149)
回答No.2

話題になっている fair use doctrine ですが、Space Alc の説明によると > 《法律》公正使用{こうせい しよう}の理論{りろん}◆無許可で著作権のある著作物を使用しても、批判、報道、教育、研究などのためであるとき、著作権侵害とならないとする法理論 となります。同様の内容は、英語版の wikipedia に項目があります。 http://en.wikipedia.org/wiki/Fair_use  文中で何度も登場するtransaction cost(s) の項目もありました。 http://en.wikipedia.org/wiki/Transaction_cost 他、negotiated license やliberal dispensation などwiki に項目はないものの、成句で用いられるようです。 ただし、1において文の構造が見えない。2において文脈が見えない。3において具体事例の提示がない。 の制限があったため、当方のわかる範囲内での訳の提示とさせていただきます。 1 [訳] 著作権(法)体系を構築する議会の役割とthe fair use defenseを適応する裁判所の役割の違いは、議会は(現実の)課題に制約せれている、ということ、、、2番目に、、、transaction costsが概して、交渉の末得られたライセンスに立ちはだかるどうか。 [語句] difference between A and B A とB との相違 the role of A in B(--ing) Bする際のAの役割 as a rule 概して stand in the way of.. ...に立ちはだかる(..の邪魔になる) 2 [訳] 両方の質問がともに肯定的に回答された場合のみ、the fair use defense が適応される。 [語句] Only if both questions are answered affirmatively という語句を文頭に置き、倒置の構文となっている。 3 [訳] transaction costs をfair use doctrine 適応の場とする(考えの)際立った箇所は以下の通り transaction costsなるものが変動するものである。 fair use の拡大解釈(濫用)は、transaction costs を対処可能なレベルまでに下げ、結果としてそうした理論の必要性をなくしてしまうような、組織や技術への投資を緩慢なものにする可能性がある。 [語句] mutable = changeable liberal 自由な dispensation 法からの免除 dispense with.. ..なしで済ます

tomorrow1222
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お礼

解説付きの分かりやすい回答ありがとうございます。

その他の回答 (1)

  • jaornch
  • ベストアンサー率40% (2/5)
回答No.1

こんにちはぼくはセントメリーズインターナショナルスクールに通ってる12歳の喘息持ちの男の子 意味を教えます 1この特許を守らなきゃ裁判所で戦い罰金を支払う可能性がある書いてあります 訳す 2二つの質問が肯定的答えれば公正使用の防衛は適用する。 3公平なusedoctrine(わからないです)をかもしれた施設および技術の投資を遅らせるには適用するための機会として取引費用についての最も顕著なポイントは取引費用が変わるである、公正使用の余りにも寛大な分与はできることであり

tomorrow1222
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お礼

早い回答ありがとうございます。

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