Glossary entry

German term or phrase:

Auswertung vs. Verwertung

English translation:

evaluation vs. exploitation

Added to glossary by Sebastian Witte
Jun 28, 2019 20:39
4 yrs ago
6 viewers *
German term

Auswertung vs. Verwertung

German to English Law/Patents Law: Patents, Trademarks, Copyright IP rights under media or copyright law
Hi,

Upon googling this a bit, just wondering whether they are the same thing and thus both mean utilisation? But then this is just a gut feeling.

Context: confidential. The musical performances and recordings of artists are supposed to be ausgewertet and verwertet. Royalties and stuff, artist vs. label, copyrighted works, that sort of thing.

They are using Verwertung for sale, rental, etc. on image and sound carriers, online, etc. and Auswertung in regard to earning from providing any ancillary rights in the protected musical works or their originators (the artists), like concert tours, band merch, advertising, in return for payment.

Cheers,

Sebastian Witte

Discussion

Sebastian Witte (asker) Jun 29, 2019:
Thanks very much, Hans-Jochen. Most helpful and relevant indeed.
Hans-Jochen Trost Jun 29, 2019:
GVL, dictionaries At GVL, see the respective first paragraph here in English and German:

https://www.gvl.de/en/gvl/about/our-mission
https://www.gvl.de/gvl/ueber-uns/unser-auftrag

Verwertung = exploitation

I find the same translation also in the Collins and Pons dictionaries. They also agree on their opinion on the other term:

https://www.gvl.de/en/rights-holders/producers-sound-recordi...
https://www.gvl.de/rechteinhaber/tontraegerhersteller/claimi...

(Expand the second Q&A)

Auswertung = evaluation; the dictionaries add utilization, appraisal
philgoddard Jun 28, 2019:
I don't think we can answer this adequately unless you provide context. On the face of it they both mean the same thing, used or exploited.
Sebastian Witte (asker) Jun 28, 2019:
The GVL actually uses "exploitation" for Auswertung on its website.

Proposed translations

12 hrs
Selected

evaluation vs. exploitation ('value-harnessing' of performing rights etc.)

Verwertung - turning to use or working of the rights.

NB in the UK, the Performing Roghts Society send in their reps demanding royalties from hotels and restaurants that play piped music in the bars and lifts etc.

For cases of a secondary exploitation of the recordings (e.g. broadcast on the radio), performing
[...] rights to the recordings will have
been granted to a performing rights society (Germany: GVL), by the singer and musicians as well as by the record label.
timelaw.de

Für die Fälle der Zweitverwertung der Aufnahmen (z. B. Sendung im Radio) werden Leistungsschutzrechte an den Aufnahmen
[...] sowohl der Sänger und Musiker als auch die
Plattenfirma einer Verwertungsgesellschaft (Deutschland: GVL) eingeräumt haben.
Note from asker:
Thank you.
Peer comment(s):

neutral D. I. Verrelli : I'd be cautious about using "exploitation", because it can have very strong negative connotations.
2 days 20 hrs
Point taken. I - having worked in an IP environment meself - also dlislike the term, but just Google or look at the flyleaf of books published in English www.copyrightuser.org/understand/rights-permissions/licensi...
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4 KudoZ points awarded for this answer. Comment: "See discussion box."
44 mins

Use and monetization

That's how I read it.
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3 hrs

Analyzed and used OR Analyzed and monetized

Auswerten means to analyze or review something. Verwerten means to make use of something in various ways - in this case making money off of royalties, copyrights, etc.
Breaking down this sentence: first they analyze the musical performances and recordings, in order to figure out how to make money off of them.
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14 hrs

utilization and monetization

Two similar ways of making money from intellectual property
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Reference comments

26 mins
Reference:

Not the same but part of the same process

It strikes me that in German a contrast is being made here between the part where the value is being analysed or evaluated or "aus"gewertet and then this value is being turned to benefit/profit. You should not use utilisation for both terms. You should use different terms to express the start and the end of the process.
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