Explotaciones Derivadas

English translation: derived exploitation (rights)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Explotaciones Derivadas
English translation:derived exploitation (rights)
Entered by: Wordup (X)

20:08 Apr 16, 2017
Spanish to English translations [PRO]
Art/Literary - Cinema, Film, TV, Drama / Film-related contract
Spanish term or phrase: Explotaciones Derivadas
"Explotaciones Derivadas: La explotación de elementos de la Obra como el título, temas, personajes, diseños, marcas, caracteres, imágenes, decorados, vestuario o accesorios para la fabricación y comercialización de objetos de artes plásticas o aplicadas, juegos y, en general, para todas las aplicaciones genéricamente denominadas productos derivados, merchandising, franquicias, etc., con expresa reserva de los personajes de animación basados en los personajes de la Obra, videojuegos, etc."

Many thanks for any help.
Wordup (X)
United Kingdom
Local time: 14:49
derived exploitation (rights)
Explanation:
Same as in the kudoz query (FR-EN) i8n the link below.
"... employers may only acquire derived exploitation rights, but not the author’s right as such, which remains with the employee as the creator of the work. "
Selected response from:

neilmac
Spain
Local time: 15:49
Grading comment
Many thanks Neil and Marie
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1derived exploitation (rights)
neilmac
3derivative uses
Robert Carter


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
derived exploitation (rights)


Explanation:
Same as in the kudoz query (FR-EN) i8n the link below.
"... employers may only acquire derived exploitation rights, but not the author’s right as such, which remains with the employee as the creator of the work. "

Example sentence(s):
  • The insights gained within the context of working groups as well as any resulting intellectual property rights and derived exploitation rights accrue to BVL to the extent permitted by law.
  • "... employers may only acquire derived exploitation rights, but not the author’s right as such, which remains with the employee as the creator of the work. "

    Reference: http://www.proz.com/kudoz/french_to_english/cinema_film_tv_d...
    https://www.ivir.nl/publicaties/download/remuneration_of_authors_final_report.pdf
neilmac
Spain
Local time: 15:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52
Grading comment
Many thanks Neil and Marie

Peer comments on this answer (and responses from the answerer)
agree  Marie Wilson
38 mins
Login to enter a peer comment (or grade)

8 days   confidence: Answerer confidence 3/5Answerer confidence 3/5
derivative uses


Explanation:
I've arrived a bit late to this, but I don't believe "derived exploitation" is a meaningful translation. In the context of copyright, I'd say the equivalent is "derivative use".

The legal concept of derivative use was first formalized as a rule by the courts in giving authors exclusive rights to make and sell foreign translations. In response to technological change, this concept was later extended by the judiciary to give fiction writers a say in the making of movies based on their books. In 1976, rules based on derivative use rights were defined by Congress to govern a broad range of situations. Copyright now confers to a proprietor exclusive rights over all goods substantially based on an original work.
https://www.princeton.edu/~ota/disk2/1986/8610/861009.PDF

The current US approach, as Part I.A explains, is essentially to subsume reuses of copyrighted material under the reproduction right, thus creating a complete overlap with the idea-expression dichotomy and leaving very little work for the derivative right, in spite of the broad statutory language. Yet Congress specifically carved out forms of reuse and identified them as derivative uses—some of which fall outside the scope of the reproduction right. That must mean something. This Article suggests that we should apply different analyses to reuses that transform the content used, in ways Part II defines, versus other cases of reproduction. Otherwise, the statute’s definition of “derivative work,” and the inclusion of a derivative right in 17 U.S.C. § 106(2), is meaningless.
http://www.jetlaw.org/wp-content/uploads/2013/05/Gervais.pdf

Robert Carter
Mexico
Local time: 08:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 10
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search