previous copyright

English translation: previous copyright

11:45 Jan 29, 2007
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: previous copyright
What does 'previous copyright' mean in this context?

Passage from the contract:

"a.) Ownership
1. All advertising, trade names, plans or ideas prepared for, and purchased by Client shall be the property of Client when paid for.
2. Copyright to all material is vested in Client, except where previous copyright may exist in purchased material."
vassai
Local time: 20:24
Selected answer:previous copyright
Explanation:
this simply refers to a copyright that was obtained in the past on some of the material purchased

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Note added at 53 mins (2007-01-29 12:38:46 GMT)
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Obviously, if there is a previous copyright, some third party holds it, unless it has expired. This is common phrasing in legal texts. As to who holds the previous copyright, if any, that is not your problem.
Selected response from:

Buck
Netherlands
Local time: 19:24
Grading comment
Now the general meaning is quite clear for me. Thank you for comments.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +6previous copyright
Buck
3 +3previous copyright
Alfredo Tutino
3Copyright belonging to the previous owner of the material (before..
Anna Maria Augustine (X)


Discussion entries: 7





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Copyright belonging to the previous owner of the material (before..


Explanation:
the material was sold to the present client)

Anna Maria Augustine (X)
France
Local time: 19:24
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 24
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4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +6
previous copyright


Explanation:
this simply refers to a copyright that was obtained in the past on some of the material purchased

--------------------------------------------------
Note added at 53 mins (2007-01-29 12:38:46 GMT)
--------------------------------------------------

Obviously, if there is a previous copyright, some third party holds it, unless it has expired. This is common phrasing in legal texts. As to who holds the previous copyright, if any, that is not your problem.

Buck
Netherlands
Local time: 19:24
Specializes in field
Native speaker of: English
PRO pts in category: 12
Grading comment
Now the general meaning is quite clear for me. Thank you for comments.
Notes to answerer
Asker: The problem is that I can't figure out by whom the copyright was previously obtained. Is it any third party? If so, why it is sold? To my mind the Seller shall obtain copyright from that third party (copyright owner) and then sell it to the purchaser.

Asker: That's confusing. The Buyer may think that it has the right to use all of the material freely as it was purchased. But the Seller may say later that it doesn't liable for any violation of copyright as the copyrighted material wasn't sold to the Buyer and the contract has the corresponding reservation about it. So the Buyer must check the purchased material before using it whether it has any copyrighted material in it. That's double-work (and double payment).


Peer comments on this answer (and responses from the answerer)
agree  Ken Cox: yep - copyright existing before the time of purchase and held by some other party
15 mins

agree  Vicky Papaprodromou
1 hr

agree  Enza Longo
1 hr

agree  Will Matter
1 hr

agree  Can Altinbay
1 hr

agree  Alfa Trans (X)
4 hrs
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53 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
previous copyright


Explanation:
there is a difference between licence to use and copyright. Here, Seller might obtain (and transfer) a license to use previously copyrighted material - not the copyright itself.



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Note added at 55 mins (2007-01-29 12:40:53 GMT)
--------------------------------------------------

think of someone using Mickey Mouse in an ad, for instance

Alfredo Tutino
Local time: 19:24
Native speaker of: Native in ItalianItalian

Peer comments on this answer (and responses from the answerer)
agree  Will Matter: Also true.
40 mins
  -> thank you

agree  Enza Longo: good example
40 mins
  -> thank you

agree  Can Altinbay
1 hr
  -> thank you
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