Droits de représentation

English translation: right to display

07:47 Nov 9, 2020
French to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
French term or phrase: Droits de représentation
Hi everyone,

I am aware this term is in the glossary, but am not convinced by any of the options given.

Here is the context:

TIL accorde XX au XX les droits de représentation desdits logiciels.
Le contrat escrow autorise XX à communiquer les sources aux titulaires des droits de reproduction et/ou de représentation du programme en cas de...

Are these referring to the commercial rights of the software? Can anyone provide specific legislation (EU, UK, international) where this right is given? I'm unable to find it anywhere.

Thanks
Nick
Nicholas Isard
Spain
Local time: 15:17
English translation:right to display
Explanation:
Apparently, this is a problem on both sides of the pond and is due to the fact that copyright existed before software came along. From the link below, I gather that, using the same approach as the French, US lawyers simply apply their existing copyright law terms of "right to publicly perform" and "right to publicly display", both of which could be translated as "droit de représentation" (i.e., "right to bring work to the public in some way") to software, conveniently for us.

So I think noone will blame you for using "right to perform" but I prefer "right to display", as it makes slightly more sense to me (I can see how it would cover demos of software over social media or at public events, for example).

Hope it helps!



--------------------------------------------------
Note added at 78 days (2021-01-26 19:26:30 GMT)
--------------------------------------------------

My IT engineer husband just pointed out to me that "display" alone doesn't cover all possible scenarios and that a combination of "performance and display rights" is better, as the link I posted in my initial answer suggests.
Selected response from:

Helene_J
Local time: 15:17
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1performance rights
AllegroTrans
4right to display
Helene_J
2rights of presentation
mrrafe


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
rights of presentation


Explanation:
Under the Database Directive adopted by the European Parliament on March 11, 1996, a database can be protected in two ways.... The second right, however, provides for a sui generis right that prohibits the extraction or reutilization of any database in which there has been a substantial investment in either obtaining, verification, or presentation of the data contents. https://www.bitlaw.com/copyright/database.html

....le droit de représentation (c'est-à-dire le droit de communiquer l'œuvre au public), qui est le droit d'effectuer une représentation ou une exécution publique de l'œuvre....https://fr.m.wikipedia.org/wiki/Droit_d'auteur

mrrafe
United States
Local time: 10:17
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
performance rights


Explanation:

Performance Rights for Software - Scholarship@Western
ir.lib.uwo.ca › cgi › viewcontent
PDF
We list below a few example terms under which perform- ance rights may be of how performance rights in software could be specified: The work may only be performed for the licensee. The work may be performed for any employee of the licensee. The work may be performed on only a specified com- puter.
by M Perry · ‎2006 · ‎Related articles

(PDF) Performance Rights for Software - ResearchGate
www.researchgate.net › publication › 27562268_Perform...
This paper examines how these and other issues in software licensing can be seen as instances of the general concept of performance rights, rather than simply ...

AllegroTrans
United Kingdom
Local time: 14:17
Meets criteria
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  Eliza Hall: Yes, this is the standard IP-law term. It's a little unusual in the software context (usually it's for music, plays, etc.), but the term has started to be used for software, in appropriate cases. https://www.ipintelligencereport.com/tag/performance-rights
14 hrs
  -> thank you

agree  Hebat Elhady
1 day 3 hrs
  -> thanks

disagree  SafeTex: Please see discussion
1 day 15 hrs
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77 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
right to display


Explanation:
Apparently, this is a problem on both sides of the pond and is due to the fact that copyright existed before software came along. From the link below, I gather that, using the same approach as the French, US lawyers simply apply their existing copyright law terms of "right to publicly perform" and "right to publicly display", both of which could be translated as "droit de représentation" (i.e., "right to bring work to the public in some way") to software, conveniently for us.

So I think noone will blame you for using "right to perform" but I prefer "right to display", as it makes slightly more sense to me (I can see how it would cover demos of software over social media or at public events, for example).

Hope it helps!



--------------------------------------------------
Note added at 78 days (2021-01-26 19:26:30 GMT)
--------------------------------------------------

My IT engineer husband just pointed out to me that "display" alone doesn't cover all possible scenarios and that a combination of "performance and display rights" is better, as the link I posted in my initial answer suggests.


    https://law.stackexchange.com/questions/11638/under-us-copyright-when-licensing-software-what-is-publicly-display-and-publ
Helene_J
Local time: 15:17
Does not meet criteria
Works in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 4
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