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  3. Law: Contract(s)

Droits de reproduction et de représentation

English translation: Rights to reproduce and perform

17:31 Feb 24, 2020
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: Droits de reproduction et de représentation
It's for a publishing contract and I'm playing with a few options, but have settled on "reproduction and publishing rights" for the time being.
Nicholas Isard
Spain
Local time: 03:39
English translation:Rights to reproduce and perform
Explanation:
as per my previous discussion suggestion
Selected response from:

Timothy Rake
United States
Local time: 18:39
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2Rights of reproduction and performance
Eliza Hall
4 +2Rights to reproduce and perform
Timothy Rake
5 -2(live stage) production rights and licensing
Debora Blake
Summary of reference entries provided
performance rights
AllegroTrans

Discussion entries: 7





  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Rights of reproduction and performance


Explanation:
"Représentation" isn't publication (publishing written words or photos/artwork in a book/magazine/etc.). In plain English, it's two different things: (1) public performance (e.g. actors performing a stage play), and (2) broadcast. In legalese, both those things can be called "performance."

So if you're talking about the publication of a play, the droit de représentation is the right to perform the play on stage or to broadcast a performance of the play over the airwaves (radio, TV, etc.). Same goes for any other textual work (poem, story, etc.) -- they can all be performed and broadcast.

Article L122-2: "La représentation consiste dans la communication de l'oeuvre au public par un procédé quelconque, et notamment :

1° Par récitation publique, exécution lyrique, représentation dramatique, présentation publique, projection publique et transmission dans un lieu public de l'oeuvre télédiffusée;

2° Par télédiffusion.

La télédiffusion s'entend de la diffusion par tout procédé de télécommunication de sons, d'images, de documents, de données et de messages de toute nature.

Est assimilée à une représentation l'émission d'une oeuvre vers un satellite."
https://www.legifrance.gouv.fr/affichCodeArticle.do;jsession...

Compare that to the term "perform" used here (para. 4): https://www.law.cornell.edu/uscode/text/17/106

Eliza Hall
United States
Local time: 21:39
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 60

Peer comments on this answer (and responses from the answerer)
disagree  Debora Blake: Sorry, no.
28 mins
  -> Haha. Sorry, yes. Please see links. Also, FYI, I am an intellectual property lawyer.
agree  philgoddard: Sorry, yes, and you've given proper French references. "Reproduction and performance rights" would be better in my opinion.
1 hr
  -> Your turn of phrase does indeed flow better in English, but I've seen plenty of IP contracts in EN that refer to "rights of XYZ," even though EN lets you say "XYZ rights" instead.
agree  AllegroTrans: Reproduction and performance rights; I will always give you an "agree" where I think you are right, but not on the sole basis that you are a lawyer
1 hr
  -> Thanks.
agree  Yvonne Gallagher: and with AT's comment. No need to keep boasting about your credentials as that's no guarantee you'll be right.
17 hrs
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44 mins   confidence: Answerer confidence 5/5 peer agreement (net): -2
(live stage) production rights and licensing


Explanation:
Please see my references:
https://www.theatricalrights.com/about/
https://www.investingbroadway.com/intellectual-property-broa...

Debora Blake
France
Local time: 03:39
Meets criteria
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Nothing about licensing here; "représentation" has a specific legal meaning and anyway the text is nothing to do with "live stage" albeit that will be included in the rights.
1 hr
disagree  Eliza Hall: It's not about licensing, as AllegroTrans said. And représentation is not just live or stage performance. Art. L122-2 of the FR intellectual property code defines "représentation" as including "télédiffusion" (see link in my answer).
4 hrs
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50 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Rights to reproduce and perform


Explanation:
as per my previous discussion suggestion

Timothy Rake
United States
Local time: 18:39
Meets criteria
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 43
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Eliza Hall: That works too.
4 hrs
  -> Merci Eliza
agree  Yvonne Gallagher: yep, you were first in Dbox
17 hrs
  -> Merci Yvonne
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Reference comments


2 hrs peer agreement (net): +1
Reference: performance rights

Reference information:
Introduction
This practice note summarises the rights known as performance rights which are vested in the UK by virtue of the Copyright, Designs and Patents Act 1988 (CDPA 1988), which has subsequently been amended to comply with a number of EU Directives and other international obligations.References: CDPA 1988
Performance rights are now a series of economic rights in performances which include non-property, property and moral rights, affording performers of qualifying performances a right to consent to and receive equitable remuneration for certain reproductions of their performances. They are in addition to and independent of the right of copyright and, like copyright, are an unregistered right in the UK. Performance rights should not be confused with the exclusive right, under s 16(1)(c) of the CDPA 1988, of a copyright owner to perform copyright-protected works in public. References: CDPA 1988, s 16(1)(c)Performance rights are particularly useful to protect the rights of performers in relation to ‘bootleg’ performances (ie when a recording is made of a live performance without the performer’s consent). Non-property rightsPerformance rights as originally contained in the CDPA 1988 were a series of non-proprietary rights providing that the performer’s consent is required to:• make a recording of the whole or substantial part of a qualifying performance directly from the live performanceReferences: CDPA 1988, s 182(1)(a)• broadcast live the whole or substantial part of a qualifying performanceReferences: CDPA 1988, s 182(1)(b)• make a recording of the whole or substantial part of a qualifying performance directly from a broadcast of the live performanceReferences: CDPA 1988, s 182(1)(c)Without obtaining consent, the performer’s rights are infringed. The performer’s rights are also infringed where an illicit recording is imported, possessed or dealt. References: CDPA 1988, s 184Under the CDPA 1988, these rights cannot be assigned, but are transmissible on death.References: CDPA 1988, s 192AThese non-proprietary rights have been maintained; however, a number of EU Directives and international obligations have extended rights in performances to include property rights and moral rights.


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Note added at 5 hrs (2020-02-24 23:12:34 GMT)
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France:

Performance rights are the rights granted to a performer, such as a musician, a dancer or any other person who acts, sings, recites or otherwise performs. In France, these rights are referred to as ‘neighbouring rights’.

Pursuant to Article L 212-3 of the IPC, performers have the exclusive right to authorise all recording, reproduction or communication to the public of their performance. Furthermore, the performer’s permission is required in case of any separate use of the sounds or images of his or her performance where both the sounds and images have been fixed.

There is, however, an exception concerning audiovisual works: the contract concluded between a performer and a producer for the performance of an audiovisual work implies authorisation by the performer to fix, reproduce and communicate this performance to the public.

AllegroTrans
United Kingdom
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 527

Peer comments on this reference comment (and responses from the reference poster)
agree  Yvonne Gallagher
15 hrs
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