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  3. Law: Contract(s)

cesión de derechos de imagen y sonido

English translation: grant of image and sound rights

13:31 Feb 16, 2011
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / documento de cesión de derechos
Spanish term or phrase: cesión de derechos de imagen y sonido
Es el título del documento, a continuación le sigue:

La señora X AUTORIZA a la difusión de imágenes y sonido de xxxxx, para incluirlas en el documental.

Gracias
Estela Rámila
Spain
English translation:grant of image and sound rights
Explanation:
cesión is not always assignment, it often means grant. If they are assigned then they are lost to the original holder.

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Note added at 18 mins (2011-02-16 13:49:55 GMT)
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I don't think here that Miss X is giving up here image and sound rights.

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Note added at 4 hrs (2011-02-16 17:55:47 GMT)
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Phil - Thayenga
Here are a couple of examples of the correct legal use of 'transfer of image rights'. The word is widely used in a non-legal sense in many instances which might seem confusing, but maybe you will see what I mean.

Please note that the purchase of your print involves ownership only. It does NOT infer or confer in any way a transfer of image rights. Copyright of the image remains in the possession of the photographer named at all times. Purchase ownership does not permit any manner of unauthorised publication, copying, duplication, reproduction or exhibition of that image for retail or commercial purposes. The abuse and infringement of copyright is a serious legal matter and should it occur then the photographer will be obliged to take appropriate action.
http://www.imagenorthumbria.co.uk/section201391.html

The copyright to all images taken by Heather K McManamy/ShortHorse Studios remains the sole and exclusive property of the photographer. There is no assignment of copyright or intention of joint copyright expressed or implied hereunder. Transfer of image rights is not included in this license. The client understands, is responsible for, and is licensed for use in accord with the conditions stated herein:
http://shorthorsestudios.com/index.php?option=com_content&vi...



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Note added at 4 hrs (2011-02-16 17:58:07 GMT)
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From the context given, these two examples would apply fully to our case here.

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Note added at 4 hrs (2011-02-16 18:06:01 GMT)
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Phil-Thayenga. The point is that in this case Miss X is granting a simple license or authorisation to use her image rights in a documentary. There is no suggestion she is transferring, or assigning, said rights outright, such that they become owned be the licensee.


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Note added at 4 hrs (2011-02-16 18:09:18 GMT)
--------------------------------------------------

I think the confusion arises because in everyday language people talk, including Wiki, of a 'transfer' of rights when in legal terms they mean a license to make use of. But here we are talking about a legal agreement where such terms used improperly could get the poor lawyer sued who misuses them.
Selected response from:

Bill Harrison (X)
Local time: 12:23
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2grant of image and sound rights
Bill Harrison (X)
4assignment of image and sound rights
Alejandro Field
3Transfer of image and sound rights
Thayenga


Discussion entries: 6





  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
assignment of image and sound rights


Explanation:
"cesión" in legal terminology is "assignment"

Alejandro Field
Local time: 08:23
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  Bill Harrison (X): No, it is not always assignment.
10 mins
neutral  philgoddard: Bill is right.
1 hr
agree  AllegroTrans: provided that the heading is referring to assignment to Miss X (and not by Miss X) then this is correct
1 hr
Login to enter a peer comment (or grade)

9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Transfer of image and sound rights


Explanation:
These rights are being transfered to her for the sole purpose of using the images and the sound in her documentary.

Thayenga
Germany
Local time: 13:23
Native speaker of: Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
disagree  Bill Harrison (X): Neither is transfer good, the rights are not being transferred but authorisation is being given to use them.
45 mins
  -> thank you, Bill.
agree  philgoddard: See my discussion entry.
1 hr
  -> Thank you, Phil.
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
grant of image and sound rights


Explanation:
cesión is not always assignment, it often means grant. If they are assigned then they are lost to the original holder.

--------------------------------------------------
Note added at 18 mins (2011-02-16 13:49:55 GMT)
--------------------------------------------------

I don't think here that Miss X is giving up here image and sound rights.

--------------------------------------------------
Note added at 4 hrs (2011-02-16 17:55:47 GMT)
--------------------------------------------------

Phil - Thayenga
Here are a couple of examples of the correct legal use of 'transfer of image rights'. The word is widely used in a non-legal sense in many instances which might seem confusing, but maybe you will see what I mean.

Please note that the purchase of your print involves ownership only. It does NOT infer or confer in any way a transfer of image rights. Copyright of the image remains in the possession of the photographer named at all times. Purchase ownership does not permit any manner of unauthorised publication, copying, duplication, reproduction or exhibition of that image for retail or commercial purposes. The abuse and infringement of copyright is a serious legal matter and should it occur then the photographer will be obliged to take appropriate action.
http://www.imagenorthumbria.co.uk/section201391.html

The copyright to all images taken by Heather K McManamy/ShortHorse Studios remains the sole and exclusive property of the photographer. There is no assignment of copyright or intention of joint copyright expressed or implied hereunder. Transfer of image rights is not included in this license. The client understands, is responsible for, and is licensed for use in accord with the conditions stated herein:
http://shorthorsestudios.com/index.php?option=com_content&vi...



--------------------------------------------------
Note added at 4 hrs (2011-02-16 17:58:07 GMT)
--------------------------------------------------

From the context given, these two examples would apply fully to our case here.

--------------------------------------------------
Note added at 4 hrs (2011-02-16 18:06:01 GMT)
--------------------------------------------------

Phil-Thayenga. The point is that in this case Miss X is granting a simple license or authorisation to use her image rights in a documentary. There is no suggestion she is transferring, or assigning, said rights outright, such that they become owned be the licensee.


--------------------------------------------------
Note added at 4 hrs (2011-02-16 18:09:18 GMT)
--------------------------------------------------

I think the confusion arises because in everyday language people talk, including Wiki, of a 'transfer' of rights when in legal terms they mean a license to make use of. But here we are talking about a legal agreement where such terms used improperly could get the poor lawyer sued who misuses them.

Bill Harrison (X)
Local time: 12:23
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 128

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: well it certainly looks like Miss X is receiving the rights, but I don't see "assignment" as wrong in the heading if they are being assigned to Miss X, if you get my drift//in that case she is assigning or granting them provided she has the right to do so
1 hr
  -> Thanks AT but Miss X owns the rights and is granting use of them to somebody else. PS. Yes, assignment is wrong, so is transfer and nothing is being assigned/transferred/ granted to the no doubt lovely Miss X.
agree  Phoebe Anne
3 hrs
  -> Thanks Phoebe.
neutral  Thayenga: See discussion.
3 hrs
  -> See additional material in my answer.
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