Glossary entry (derived from question below)
French term or phrase:
exploitant
English translation:
commercial user
Added to glossary by
AllegroTrans
Oct 15, 2014 07:53
9 yrs ago
15 viewers *
French term
Austria
EN/FR/SP/IT --> EN/FR -- Technical
Native in: French (Variant: Canadian) 
, English (Variants: US, Canadian)
Works in: English to French, French to English, Spanish to English, and 3 more.
exploitant
French to English
Law/Patents
Law: Patents, Trademarks, Copyright
Chers collègues,
De plus, en matière de droit d’auteur, l’exploitant, commercialisant une œuvre sous son nom, bénéficie d’une présomption de titularité opposable aux tiers contrefacteurs.
My attempt: In addition, with regard to copyright, the defendant marketing a work under his name, benefits from a presumption of ownership against third party infringers.
The context is a Writ of Summons accusing a defendant company of infringing upon the copyright of a soundtrack registered in France. The company is a fashion brand and used the soundtrack on their website.
l'exploitant here seems to mean the defendant, certainly "operator" doesn't sound right.
Can one of you lawyer-translators elucidate for me? And maybe make sure I've understood the sentence properly? :-) Merci d'avance.
Marc
De plus, en matière de droit d’auteur, l’exploitant, commercialisant une œuvre sous son nom, bénéficie d’une présomption de titularité opposable aux tiers contrefacteurs.
My attempt: In addition, with regard to copyright, the defendant marketing a work under his name, benefits from a presumption of ownership against third party infringers.
The context is a Writ of Summons accusing a defendant company of infringing upon the copyright of a soundtrack registered in France. The company is a fashion brand and used the soundtrack on their website.
l'exploitant here seems to mean the defendant, certainly "operator" doesn't sound right.
Can one of you lawyer-translators elucidate for me? And maybe make sure I've understood the sentence properly? :-) Merci d'avance.
Marc
Proposed translations
(English)
| 4 +2 | commercial user |
AllegroTrans
|
| 3 -1 | Franchisee |
Chakib Roula
|
Change log
Oct 15, 2014 08:10: writeaway changed "Language pair" from "English to French" to "French to English"
Oct 22, 2014 09:07: AllegroTrans Created KOG entry
Proposed translations
+2
1 hr
AllegroTrans
United Kingdom
United Kingdom
Native in English
Works in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois)
Works in: French to English, English, English to French
Related KudoZ points
:
35
Selected
commercial user
This is the term I use.
Using Images - What you need to know
www.stockphotorights.com/faq Cached
... as well as various other laws such as the US copyright act. ... What’s the difference between “personal use” and “commercial use”? A: ..
Using Images - What you need to know
www.stockphotorights.com/faq Cached
... as well as various other laws such as the US copyright act. ... What’s the difference between “personal use” and “commercial use”? A: ..
Peer comment(s):
| agree |
Julie Barber
5 hrs
|
|
thanks
|
|
| agree |
nweatherdon
: I think the established legalese could vary for some circumstances, but I think this is very clear about what it means (whoever holds the rights to exploit it commercially)
13 hrs
|
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many thanks NJ!
|
4 KudoZ points awarded for this answer.
-1
7 hrs
Chakib Roula
Algeria
Algeria
Native in French
Algeria
Shedding light out of words
Native in: Arabic 
, French
Works in: Arabic to French, Arabic to English, French to English, and 3 more.
Franchisee
Hello,
To my knowledge,we may use this word when it comes to brand names particularly fashion and apparel patch.
To my knowledge,we may use this word when it comes to brand names particularly fashion and apparel patch.
Peer comment(s):
| neutral |
AllegroTrans
: this only works on the assumption that the "exploitant" is actually a franchisee
2 hrs
|
| disagree |
mchd
: hors contexte, statut juridique différent
22 hrs
|
Discussion
Anyways, client returned saying "Exploitant" is actually the claimant, or the Publisher, so that takes care of that.
Thanks for your help in any case.
Seems like commercial user would work as well, and Publisher if it were a published (in this case it's a fashion brand).
So do we have a winner?
Thanks a lot to everyone in the discussion, I wish I could award you points too...!
Usually a person who exploits authors' rights is a publisher, but it may be a manufacturer, printer or whatever. If in doubt, use "assignee".