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  3. Law: Patents, Trademarks, Copyright

exploitant

English translation: commercial user

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:exploitant
English translation:commercial user
Entered by: AllegroTrans

07:53 Oct 15, 2014
French to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
French term or phrase: exploitant
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
Marc Rizkallah
Austria
Local time: 18:45
commercial user
Explanation:
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: ..
Selected response from:

AllegroTrans
United Kingdom
Local time: 17:45
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2commercial user
AllegroTrans
3 -1Franchisee
Chakib Roula


Discussion entries: 7





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
commercial user


Explanation:
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: ..

AllegroTrans
United Kingdom
Local time: 17:45
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 35

Peer comments on this answer (and responses from the answerer)
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
  -> many thanks NJ!
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Franchisee


Explanation:
Hello,
To my knowledge,we may use this word when it comes to brand names particularly fashion and apparel patch.

Chakib Roula
Algeria
Local time: 17:45
Native speaker of: Native in ArabicArabic, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
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
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