Glossary entry

Spanish term or phrase:

Mandante

English translation:

Principal - of agency; copyright assignor; grantor of licence

Added to glossary by Eileen Brophy
Apr 4, 2021 09:15
3 yrs ago
35 viewers *
Spanish term

Mandante

Spanish to English Law/Patents Cinema, Film, TV, Drama Copyrights
I have found a lot of translations but am not sure which is correct applied to SGAE.

This is the context: El presente mandato se extiende a todas las obras sobre las que MANDANTE ostente derechos. MANDANTE incluirá todas las obras que vaya creando siendo aplicables a las mismas las condiciones del presente mandato. Esta obligación se entenderá cumplida por el simple registro de la obra en la SOCIEDAD, ya sea practicado a instancia de MANDANTE o de cualquier persona que traiga causa del mismo.

I'd appreciate any help.

Discussion

Eileen Brophy (asker) Apr 4, 2021:
@Adrian MM Oops, sorry, I put my foot in it there. Thanks for your help and forgive my persistence but I wanted to find the correct translation for this rather strange word in such a text for SGAE.
Adrian MM. Apr 4, 2021:
@ Eileen : Principal vs. principle I agree that principle does look strange as that's the wrong spelling, ha, ha, and even if used by UK lawyers' bodies that shall remain nameless as the Law Society, but there are lot of legal terms that are 'counter-intuitive', to say the least: https://sps.ums.ac.id/wp-content/uploads/sites/26/2018/06/AR...
Eileen Brophy (asker) Apr 4, 2021:
@Adrian MM A "mandante" would probably be an individual song writer or book writer, etc more than an agency as far as I can see and that is why I have such a problem Adrian. Principle sounds rather strange as "mandante" don't you think?
Adrian MM. Apr 4, 2021:
@ Eileen: Principal vs. rep Again, it depends how mandato is being translated. If as an agency, then the parties are principal: the copyright owner vs. agent/s: SGAE who, surely, are the representative/s of the mandante. If as an authority, then client for mandante. Mandate is really a no-no in this context and, in an Anglo-Am context, used pre-eminently in politics for a 'political mandate' and in banking as a kind of money order, though my Welsh-born QC Revenue Law lecturer never knew what it meant in UK taxing statutes and refused to accept my commercial- / business-law explanation ...
Eileen Brophy (asker) Apr 4, 2021:
@Adrian MM So you think Principal is better? Principal sounds like SGAE to me, but I am not well up on legal terms. What about representative (being represented by SGAE)?
Adrian MM. Apr 4, 2021:
@ Eileen: holder of copyright vs. the royalties Holder is a good, albeit ambiguous idea as IMO there are now two holders: the client, copyright owner or 'licensor' holding one form of title and the SGAE another form of title.
Eileen Brophy (asker) Apr 4, 2021:
@Chema Nieto Es la persona que concede permiso a SGAE a gestionar sus copyrights y los ingresos por los derechos de emisión Chema.
Eileen Brophy (asker) Apr 4, 2021:
@Adrian MM. Holder? Could it be the Holder, i.e the person who grants permission to SGAE to manage their copyrights revenues or is one of your options better Adrian?
Chema Nieto Castañón Apr 4, 2021:
El mandante entiendo que es aquí quien gestiona los derechos de obras de propiedad intelectual, en este caso la propia SGAE. Constituent? Principal? Ni idea sobre la traducción más ajustada.

Proposed translations

+3
1 hr
Selected

Principal - of agency; copyright assignor; grantor of licence

SGAE - Sociedad General de Autores y Editores : I doubt whether the latter is the Mandante in this case, though we don't have enough information on the underlying transaction: grantor ofa copyright licenc/se or assignor as the copyright owner or 'originator' to whom the copyright can be re-assigned e.g. a company employee. Otherwise, the following online quote would appear muddled:

'What is copyright? the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or....'

if mandato expreso is being translated e.g. as an explicit agency, then the parties thereto would - in BrE / IrE - be principal and agent and the matter thereby resolved.

Example sentence:

IATE: es mandante Council en delegator Council cf. the term of assignor

Copyright assignment permits a third party, known as the assignee, to take ownership of the copyright from the owner, or assignor. The assignment must be done in writing to be valid.

Peer comment(s):

agree José Patrício : comitente/mandante - contracting party - https://www.wordreference.com/es/en/translation.asp?spen=com...
31 mins
Gracias de nuevo, obrigado de novo and thanks de novo....
neutral philgoddard : They're not assigning copyright.
4 hrs
We don't know. Assignment can take many forms, legal - formally or equitable - informally, as you well know.
agree Robert Carter
6 hrs
Thanks de novo, Robert, and gracias de nuevo.
agree neilmac
20 hrs
Thanks de novo, Neil, and gracias de nuevo.
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4 KudoZ points awarded for this answer. Comment: "Thank you very much for your help Adrian"
-1
6 hrs

member

This is what they're called on the English version of the SGAE's website.

Become a member
We guarantee the protection of your work, help you share in the management of your rights through our online service for members, and we are committed to a fair and transparent share-out.
http://www.sgae.es/en-EN/SitePages/corp-haztesocio.aspx
Peer comment(s):

disagree Robert Carter : But the term this is a translation of on that website is "socio", not "mandante". It does matter. You're translating "socio"; the question is "mandante". In 1 sense they're members of an organisation; in another they're "principals" of an "agency".
1 hr
It doesn't matter. The artists who belong to the organization and sign this contract are called members.
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