Feb 6, 2002 18:42
22 yrs ago
2 viewers *
Spanish term

legal sentence - advice

Spanish to English Law/Patents
Que habiendo sido la Sociedad autorizada para la explotación en exclusiva de los derechos de imagen del Jugador y, consecuentemente, requiriéndose la autorización y ratificación de la Sociedad para que un tercero de manera lícita pueda utilizar y explotar los precitados derechos, el Club manifiesta su interés en obtener el consentimiento de la Sociedad, así como que la Sociedad ***ratifique cuantos actos de explotación sobre los derechos de imagen del Jugador ***haya podido realizar el Club, con el fin de que el Club pueda llevar a cabo la lícita explotación de los derechos de imagen del Jugador por el mismo periodo de tiempo establecido en el punto anterior.

That the Company has received authorisation for the exclusive exploitation of the Player’s image rights, and as a consequence, the Club, which requires the authorisation and the ratification of the Company in order for a third party to legally use and exploit the above-mentioned rights, declares its interest in obtaining the consent of the Company and the ratification of the Company in respect of whatever acts of exploitation of the Player's image rights that may have been +++performed by the Club, so that teh Club may proceed to teh legal exploitation of the Player’s image rights for the period of time established in the previous section.
I need advice as follows:

1. Is entire sentence a fair represenation?
2. Can someone confirm taht the Club is in fact asking teh Comapny two things,
A. to consent and
B. to ratify

I have marked with *** the subjunctive taht is bothering me a bit, and I have marked performed with +++ becuase I need a better verb.

Any suggestions?

Proposed translations

16 mins
Selected

consent of the Company and ratification by the Company of any use of the Player's image rights...

that may have been made by the Club

you <make use of rights> rather than perform

I think I would stay away from exploitation - bad connotations. Use is fine.

And yes, the company is asking for 2 things.
Peer comment(s):

neutral Gillian Hargreaves (X) : Exploitation is exactly the right word to use here - cf. "exploitation of author's rights" in the WIPO copyright glossary
14 hrs
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4 KudoZ points awarded for this answer. Comment: "It's a real shame taht we cannot share out points! Thanks to everybody. "
44 mins

see suggested translation as being much clearer in expressing the meaning

"Since the Company has been exclusively authorized to use the Player's image, the agreement of the Company is required for a third party to legally use said rights. Therefore, the Club declares its interest in obtaining the Company's authorization and agreement for any use of the player's image by the Club, so that the Club may legally use such image rights for the period of time set out in the above paragraph."
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1 hr

The Club makes its interest manifest in obtaining the consent

of the Company, as well as the Company's ratification of whatsoever acts of exploitation of the Player's image rights (that) the Club may have carried out...
The subjunctive of "ratificar" is there because the club wants (subj.) the Company to ratify...
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14 hrs

A note of caution:

Although I don't know the full background to this text, it seems to me that the image they are talking about is some sort of picture (photograph/cartoon?) of a player (e.g. sportsperson) that is being used for promotional purposes. So it's not the "Player's image rights" but "rights to the image of the Player" or possibly "rights to the Player image" (without the possessive).
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