The fate of the author’s moral rights of the legal Entity in the event of the expiration its…Jamal AL Khtatbeh

 

 

An article entitled

(The fate of the author’s moral rights of the legal Entity in the event of  the expiration its)

 

Faculty of Law,  University of Jordan. 2011-2012

 

Prepared by

Jamal Mohammad AL-Khatatbeh

 

 

 

 

 

 

Introduction

  Recent years have witnessed great interest in the subject of intellectual property from various aspects, therefore, it Has become the subject imposes itself in the commercial and cultural relations among nations, also became a serious impact economically and technologically, which Prompted to think in the search for ways to provide legal protection for these topics, such as trademarks, patents, and electronic commerce, in addition to the rights of literary and artistic copyright in the various fields of science and humanity.

 The intended meaning of intellectual property in general: rights provided by law and the resulting of any activity or intellectual effort leads to innovation in the fields of literary, artistic and scientific, In this aspect, we can distinguish the rights of intellectual property from other rights through two aspects, one of them: artistic, As a creative art to its owner, And the other practical, considering that its owner the right to exploit the creation or artistic innovation.

The scope of intellectual property rights is very broad, The reason for this, that they are creations of the human mind, In this context, we Can be traced to three main types:

First: Industrial rights: includes patents, industrial designs, and the like.[1]

Second: the commercial rights: includes, Trademarks, Trade Names, Commercial titles and the like.

Thirdly: Copyright:  includes, Works in the fields of literature and the arts and sciences, whether, the work in a book or story or poem, or a sound or sculpture, drawing or photography or movement or anything like that.

 In this article, I will examine the subject of copyright, With respect to moral rights granted to the author, And the fate of these rights after the death of the author if the author is a natural person , And the fate of these rights after the expiration of a legal person if the author is a legal entity, In this regard, Will be focusing on the moral rights of the legal person, particularly, after the expiration of a legal person, And Who has the authority to raise the infringement on The moral rights after the removal of legal personality.

   World’s nations agreed to protect  the rights of the author, and was the first international agreement is an agreement, “Berne,” the year 1886, And then took it a few adjustments in the following years, most recently in (Brussels) in 1967, And what the Universal Declaration of Human Rights include such protection, in Article (27) paragraph 2 which provides:

  (Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author).[2]  UNESCO organized an agreement in Geneva on 26/9/1952 CE, and many countries issued laws and regulations regarding the protection of copyright.

In the wake of Jordan’s accession to the WTO and the endorsement of the Jordanian House of Representatives, Package of international trade agreements including the Convention (TRIPS) on aspects of intellectual property, Was issued a range of legislation covering various topics of intellectual property, Including, Copyright Protection Act No. 22 of 1992 and its amendment of 1998, 1999 and 2001.

As a general rule,” The most important feature of any kind of property is that the owner may use it exclusively, i.e., as he wishes, and that nobody else can lawfully use it without his authorization. This does not, of course, mean that he can use it regardless of the legally recognized rights and interests of other members of society. Similarly the owner of copyright in a protected work may use the work as he wishes, and may prevent others from using it without his authorization. The rights granted under national laws to the owner of copyright in a protected work are normally exclusive rights to authorize a third party to use the work, subject to the legally recognized rights and interests of others”.[3]

“There are two types of rights under copyright. Economic rights allow the rights owner to derive financial reward from the use of his works by others. Moral rights allow the author to take certain actions to preserve the personal link between himself and the work”.[4]

 

In this area, Under the economic rights of the author, he has a number of exclusive rights, the main ones being :

“1-to reproduce the work (including making a sound or visual recording of it).

2- to translate the work

3- to adapt the work.

4-to perform it in public

5-to communicate it to the public by wire or wireless means”.[5]

 On the other hand, “The Copyright Act also provides creators with certain non-economic rights known as moral rights. They are the right of attribution of authorship of one’s work, (the right to be named in connection with one’s work), the right against false attribution of authorship and the right of integrity of authorship (the right to object to treatment of one’s work that has a detrimental effect on one’s reputation)”[6].

In this article, I will just discuss the subject of the moral rights of the author, whether natural person or legal entity, and will be focusing on the transmission of moral rights of the successors after the death of the author, or the expiration of a legal person, and who has the right to direct the moral rights in the two cases mentioned earlier.

In order to examine this issues , this article is divided into five sections.

 First: Definition of the author, (a natural person and legal person)

Second: The nature of the moral rights granted to the author on his work

Third: Transmission of moral rights to the heirs or successor public or private

Fourth:  The exercise of moral rights of the author after expiration if it is a legal entity

Fifth: the conclusion of the article

 It is worth mentioning that Jordan’sCopyright law was originally designed to cover the work of authors  In complying with It protects original content from use by others without their permission  private individuals The protection of copyright in Jordan. copyright law has been influenced enormously by the TRIPS Agreement This law has been amended seven times since. was governed by the Copyright Protection Law No. 22 of 1992. The Jordanian Copyright Protection Law of 1992 did not comply with TRIPS Agreement, because its Article 53 provided protection only to works by Jordanian and foreign authors that   copyright provisions under the As this means that works published . are published in Jordan, and works by Jordanian authors published abroad abroad by foreign authors was not protected, this law did not meet  international standards for the protection of  

Perhaps the reason behind this inadequacy is because before accession to  WTO . intellectual property rights However, the Jordan did not adhere to many international copyright conventions  government of Jordan amended its 1992 copyright law by Law No. 14 of 1998, Law No. 29 of 1999, Law No. 52 The country also    of 2001, Law No. 78 of 2003, Law No. 88 of 2003, Law No   of 2005 and Law No 9 of 2005  ,  the Berne Convention  as such

joined the WIPO’s and Berne Convention on Copyright   to meet their obligations under the provisions of copyright in the TRIPS Agreement.[7]

It is worth mentioning that Jordanian civil code The definition of moral rights in Article 71 , paragraph 1, Moral rights that are on something non-material, and In paragraph 2, explained and followed regarding the copyright and the artist and inventor, trademarks, and other moral rights provisions of private laws

 

1- Definition of the author, (a natural person and legal Entity)

“In copyright law, ‘author’ means not only one who writes novels, plays, poems, and essays, but also who choreographs dances, compiles and arranges data in directories (such as telephone books) or glossaries, composes computer programs and multimedia applications, designs layouts, paints murals, records musical compositions, translates books, etc”.[8]

“Author under the copyright law is the creator of the original expression in a work. The author is also the owner of copyright. However, s/he may assign the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author”.[9]

“the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author”.[10]

“The owner of copyright in a work is generally, at least in the first instance, the person who created the work, i.e. the author of the work. But this is not always the case. The Berne Convention (Article 14bis) contains rules for determining initial ownership of rights in cinematographic works. Certain national laws also provide that, when a work is created by an author who is employed for the purpose of creating that work, then the employer, not the author, is the owner of the copyright in the work. As noted above, however, moral rights always belong to the individual author of the work, whoever the owner of economic rights may be”[11].

“under the Berne convention , the “author” is central to the scheme of copyright. Authors create works; they have economic rights which they can keep, license, enforce or transfer; they have moral right; they are the first owner of the copyright and of the moral rights”.[12]

“The 1988 United Kingdom act provides a circular definition in s. 9(1): “author’ in relation to a work, means the person who creates it.”[13]

Jordanian legislator, in the Copyright Protection Act of 1992, as amended, No mention of the definition of author in the second article, However, in Article 4 of the Copyright Protection Act of Jordan Provides for the definition of the author As follows:

“A-1 – the person is an author who publishes a work attributed to him, whether by mentioning his name on the work or any other way unless the evidence is that 0

2- Is representative of the author of the publisher whose name appears on the work if the work is an alias or does not carry any name or the author is unknown, and the publisher of such exercise of copyright literary and financial set forth in this law that are to know someone the author or announce his personality and install .

B – Is a producer of audiovisual work or sound recording producer of the person whose name appears in the usual way on the work unless the evidence is that

C – is leading the person whose name appears in the usual way in such a work unless the evidence is that”.

And provides in article 5 :

“Without prejudice to the copyrights of the original product’s author, he shall enjoy protection and be deemed an author for the purposes of this law:

a) Whoever translates the product into another language or transforms it from a form of literature, arts, or science to another form, or summarizes it, converts it, arenas it, explains it, comments on it or indexes it, or other ways that display it in a new form.

b) The performer that presents to the public an artistic work set by others whether this performance was through singing, playing, rhyming , orating, photographing, drawing, movements, steps or ant other way.

c) The authors of the encyclopedia, the selections, collected data and the groups covered by protection under this law”.[14]

 

Add to that, the Jordanian legislator in the same Act, provides in Article 31, paragraph B as follows:

“The protection period of the products shall apply for fifty years as of the date of their publication, provided that the calculation of this period starts from January first of the year that follows the actual date of their publication:

b) Any product which author or owner its copyright is a corporeal person”.[15]

 It should be noted that the legislator Jordan explained the provisions relating to collective works, in Article 35 and its legal implications of joint ownership of the work.[16]

Also, in article 35 paragraph c provides:

c) If a group took part in authoring a product under the directives of a natural or corporeal person, and it is called a collective product, and this person was committed to publishing it in his name and under his administration, whereas the work of the participants in it was integrated in the public objective targeted by that person from the product or the idea he created it for, so that the work carried out by each of the participants in authoring the product cannot be separated or distinguished , the person that directed and organized the innovation of the product shall be considered an author thereof, and has alone the right to practice the copyright therein.

 Of all the above we can conclude, that the author is any natural person or legal person who publishes a work attributed to him or the creator of the original expression in a work .

 

 

2- The nature of the moral rights granted to the author on his work .

“the development of moral right theory can be linked to the romantic conception of authorship which developed in the 18th century” .[17]  “This conception emphasised an author’s originality and creative genius and the bond existing between an author and his or her work”.[18]

“The term Moral Rights is a translation of the French concept of droit moral” .[19]

“Its use has been described as misleading and inexact as there is nothing moral as opposed to immoral about the right, in the sense connoted by these words in English . Droit moral does not refer exclusively to rights inherent in morality, but encompasses right that exist in an individual’s personality. It has been suggested that the concept is more appropriately expressed by the term right of the author’s personality. Not with-standing, the term moral right is generally accepted and is used in both the English translation of the Berne Convention and the Australian legislation protecting these rights “.[20]

 “Moral rights seek to protect something else: they are concerned with the creator’s honour and reputation. Moral rights exist because in some sense creative material is an emanation or extension of the creator’s personality, and what is done with his or her material may affect his or her standing and reputation.(1) There are four basic types of moral rights”:[21]

  • “attribution-the right to be identified as the creator of material
  • integrity-the right to object to derogatory acts perpetrated on material that are prejudicial to the creator’s honour and reputation, such as its distortion, mutilation or unauthorized modification
  • disclosure-the right to determine if and when material is made public
  • Withdrawal-the right to withdraw material from the public”.[22]

 

“Under U.S. federal law, “moral rights” are certain rights given to artists who have created visual works of art (such as, a painting or sculpture) to protect the integrity of her name and works. The rights are set forth in the Section 106A of the United States Copyright Act. The artist has the right (1) to claim authorship of her work, (2) to prevent others from using her name in connection with a work she did not create or a work that has been distorted or mutilated, and (3) to prevent any intentional distortion, mutilation or destruction of her work”.[23]

 

 

“The Berne Convention (Article 6bis) requires Member countries to grant to authors:

 (1) the right to claim authorship of the work (sometimes called the right of paternity); and

(2) the right to object to any distortion or modification of the work, or other derogatory action in relation to the work, which would be prejudicial to the author’s honor or reputation (sometimes called the right of integrity)”.[24]).

These rights are generally known as the moral rights of authors. The Convention requires them to be independent of the author’s economic rights, and to remain with the author even after he has transferred his economic rights.

“Moral rights do not form part of TRIPs (TRIPs, art.9.1): i.e , BERNE members must extend moral rights to other Berne members, but any failure in this respect is not covered by TRIPs”.[25] However exception does not derogates from

rights and obligations under article 6 bis BC , But the WTO dispute settlement rules do not apply “or of the rights derived there from”: to exclude not only 6 bis but also 10(3) and 11 bis (2) BC.

“In the Jordanian legislation, the legislature dealt with the author’s moral rights in Article 8 of the Copyright Protection Act of 1992, as amended, Which include the right to have his product attributed to him, the right to decide upon the publication of his produced and to choose the method of publication and date thereof, the right to introduce any amendments to his product whether by changing it , editing it , deleting from it or adding thereto, the right to defend any aggression on his product and to prevent any distortion, modification thereof or any other amendment thereto , The right to withdraw his product from circulation if there were serious and legitimate causes therefor”.[26]

 

3-Transmission of moral rights to the heirs or successor public or private.

  The Law and jurisprudence defines the  Successor public: Is a successor to the predecessor (the deceased) in each of his wealth, or in a part  which is not determined ,as a set of money, As an heir or devisee, and is integral to a person of his successor, and replace him in his rights and obligations, also  defines  the Successor private: Is a successor to the predecessor (whether alive or dead) in the right of certain specified.

In this context, Article 6bis from the Berne Convention for the Protection of Literary and Artistic Works provides:

(1) Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.

(2) The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed. However, those countries whose legislation, at the moment of their ratification of or accession to this Act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide that some of these rights may, after his death, cease to be maintained.

(3) The means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of the country where protection is claimed.

What we notice in the paragraphs of Article 6 bis of the Berne Convention, it dealt with the moral rights of the author, and what these rights, And  after that transmitted in the second paragraph to put a provision whereby, moral rights shall, after author’s death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed, The means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of the country where protection is claimed,

 It has thus, adopted the principle of transmission of moral rights for the heirs of the author, or to his successors, institutions authorized by the legislation of the country where protection is claimed, nevertheless, Granted authority to the legislation of the country where protection is claimed, , to demonstrate the mechanism of transfer of those rights to the heirs, or institutions authorized ,  And how to exercise these rights by the heirs, or any other authority prescribed by national law of the State .

 Therefore, as result, as provided for in Article 6 bis of the Berne Convention the consequences of this provision, is that must return to the national law to indicate the fate of moral rights, after the death of the author, if he A natural person, After its expiry, if the legal entity, furthermore, who has the Authority to exercise the moral rights of the author after the death or the expiration, And stop the infringement of these moral rights in the event of occurrence By others.

However, paragraph 2 of Article 6 bis of the above mentioned Included a provision inconsistent with the principle of continuity of the moral right of the author after his death, and inability to give up this right with him, or transmitted, When provided:( at least until the expiry of the economic rights), Which may determine the viability suggests the validity of the moral rights as is the case with the economic rights.

For example, the French IP Code Article L121-1 provides :

1- An author shall enjoy the right to respect for his name, his authorship and his work.

2- This right shall attach to his person. It shall be perpetual, inalienable and imprescriptibly. It may be transmitted mortis causa to the heirs of the author.

Exercise may be conferred on another person under the provisions of a will.[27]

A closer look, We can through the analysis of this text we can reach a :

1- “Non-pecuniary” nature: resemble rights of personality or individual civil rights”.[28]

2- “Moral rights are not inherent in an author’s individuality, they just relate to a work. E.g:a legal entity may be granted moral rights”.[29]

3- “It does not fit the personality right analysis”.[30]

“the legislation provides that if author dies, or his or her affairs are lawfully administered by another person, the author’s moral rights can be exercised by his or her legal personal representatives or the person administering his or her affairs. apart from this, moral rights are expressed not to be transmissible by assignment, by will, or by devolution operation of law”.[31]

“there are arguments for extending moral rights protection beyond the life of the author. while the work still exists, according to moral rights theory, so too does a part of the author’s personality. adeceased person’s reputation can therefore still be prejudiced and this may be reflected in economic terms by decreasing sales of their works. further, merely because the author has died dose not mean that he or she should not receive credit for the work. however, the protection of moral rights after death may create difficulties in the administration of those rights”.[32]

 

 

“as moral rights are personal rights, they should be exercised in the interests of the author, not in the interests of the author’s heirs. with the passage of time any heirs will be increasingly less connected with the author and less likely to exercise the rights in accordance with the author’s express or implied interests. the author’s heirs may also be difficult to trance by those who wish to use the work”.[33]

With regard to the law of Jordan, the Copyright Protection Act of 1992, as amended, referred to the issue of transfer of author’s right after his death, To his heirs, For the moral rights and economic rights Under article 21 , 22 of the Copyright Protection Act of 1992, as amended which provides at the following :

Article 21

” The author’s heir alone have the right to decide to publish his product that was not published during his life unless the author had bequeathed its non-publication or determined the time during which it can be published, and his will has to be abided by”.[34]

Article 22

“The author’s heir alone has the right to practice the financial exploitation rights stipulated herein for that product, provided that if the author has contracted in writing during his life with others concerning the exploitation of his product, this contract has to be implemented according to its conditions.

Also, if more than an author have taken part in authoring the product, and one of them dies without leaving an heir, his part of the product will be equally given to the remaining authors participating in authoring it , unless otherwise agreed upon in writing”.[35]

Through extrapolation of the provisions in these paragraphs, it is clear to us that the Jordanian legislator, has addressed the issue of transfer of moral rights and economic rights to the author’s heirs after his death, and gave them the authority to exercise certain rights of the moral and economic rights, As such, it has stressed the principle that transmission of moral rights to the heirs, in the exercise of the right of the heirs, and in the claim to the infringement.

It may seem obvious for the moral rights of the author, with respect to its transition to his heirs after the author’s death, if this author is a natural person, but it differs with respect to author, if this author is a legal entity, and Has elapsed for any legal reason, for example, a company that has legal personality.

However, with regard to transfer of economic rights of the entity law, after its expiry, then it may facilitate the dissolution, by the so-called: the liquidation of legal, and that the collection of their rights, and repay their debts, and distributing the remaining assets of the partners and by type of this entity.

But it is becoming increasingly complex, if the author is a legal entity, for example the company, this entity has moral rights to his work, and after a period of time, elapsed legal personality to such a legal entity, Who is entitled to exercise the moral rights of the legal personality elapsed, if the infringement of moral rights of others, What is the fate of the moral rights of the legal entity, , and who has the authority to exercise these rights, this what  will be discussing in the next section.

 

4- The exercise of moral rights of the author after expiration, if it is a legal entity.

Generally, there is no in international conventions relating to intellectual property, any special provision, Address the issue of the competent authority to exercise the moral rights of legal entity, after its expiry , However, as we mentioned earlier, Article 6bis from the Berne Convention for the Protection of Literary and Artistic Works adopted the principle of transmission of moral rights for the heirs of the author, or to his successors, institutions authorized by the legislation of the country where protection is claimed. Nevertheless, Granted authority to the legislation of the country where protection is claimed, to demonstrate the mechanism of transfer of those rights to the heirs, or institutions authorized, And how to exercise these rights by the heirs, or any other authority prescribed by national law of the State.

 “The author is the owner of the copyrighted work, but any person other than the author, whether a natural person or legal entity, may own the economic rights in the work in accordance with the provisions of the legislation”.[36]

“On an author’s death, the exercise of the moral rights shall pass to his or her successors in title for a 60-year period. Once the economic rights have lapsed, the state or designated agencies shall assume the defence of the authorship and integrity of the work, also,   The domestic legislation of the member countries may grant other rights of moral character. “.[37]

In this regard, for martyrdom, the Egyptian Law on the Protection of Intellectual Property Rights, Law No. 82, 2002 provides in article 146 as follows:

” In the absence of any heir or successor, the competent ministry shall exercise the moral rights provided for in Articles 143 and 144, after the expiration of the

term of protection of the economic rights prescribed in this Law”.[38]

 

In practice, the Jordanian copyright protection law, and after what we have mentioned earlier,  the Jordanian legislator knew that the author may be a natural person, or may be, a legal entity in articles 4, 5, 35, however, its Dealt with in Article 34 paragraph A and B which provides  an important ruling as the following:

A” After the elapse of the protection period stipulated herein for any product, or when no heirs to its author nor successor are available before the elapse of the protection period, the product will be considered public property so that any person will have the right to print it, publish it or translate it if it was printed it, published or translated before”.

B-” If the product stipulated in paragraph (a) of this Article was not printed, published or translated before becoming public property, no right in it may be exploited including printing it, publishing it or translating it unless by a license of the minister. This licensing shall apply for fifteen years, provided it is considered cancelled if its owner did not use it during one year, or if he started to do so then stopped for one whole year”[39]

From this perspective, and drawing on previous texts, and further to the text of Article 6 bis of the Berne Convention, Which referred the matter determine the exercisable the moral rights by the persons or institutions authorized by the legislation of the country where protection is claimed, therefore when we  going back to the   Jordanian civil code, which refers in its Article 71, paragraph 1, which it knew the moral right, and paragraph 2, which referred the matters concerning the right of the author, and inventor, artist, trademarke, to the provisions of special laws, then, we should  going back to the national law in Jordan.

 After extrapolation of the provisions of the law of copyright protection, Jordanian, and its amendments ,  We get to, that the author, whether, a person naturally, or, a legal entity, if he died or expiration, and he had no heir, or successor, interpreted this work to the public domain, and based on that, anyone can print the work, or published, or translate, all with regard to economic rights.

 And either with respect to moral rights, Under Article 34 of the Copyright Protection Act, the first and second paragraph imply, the Minister is exercising moral rights on the work which the author died, and did not have any heir, or the expiration of the legal entity and has no successor. Returning to the definition of the Minister, contained in Article 2, we find that it refers to the Minister of Culture of Jordan.

 

5- conclusion

from Each of the above, and through the sequence in the subject of this article, Obviously, we have reached the conclusion that : The moral rights of the author, whether natural person or legal entity, Transmitted to the heirs, and or to the legal successor after his death,  Hence, the heirs or the legal successor, they exercise the moral rights of the author,  And this is through, the right to publish the work if not published, unless the author recommends not to publish, Or request the removal of the infringement, or any distortion, or misrepresentation of the work, and other moral rights.

On the other hand, in the case where the author of the deceased has no heirs, or has no legal successor at the expiration of a personal legal, For this, according to the Jordanian legislation – which followed the approach of the legislation in many other countries – the work is transferred to the public domain, and be delegated authority to exercise the moral rights: Minister of Culture of Jordan, Who has the authority to exercise moral rights, in some cases, economic rights, and here we must distinguish between the case if the work is published, and ended the period of protection for economic rights, or cut off the heirs of the author, and the situation that is not publishing the work to the public , In the first case, the right to the public, economic exploitation without the permission of the Minister, except for moral rights that can not be compromised, either in the second case, it is not permissible to carry out any kind of exploitation of the work without the permission of the Minister.

So, the legal entity as the author of a work a certain, If the expiration of legal personality, and did not have any legal successor, then, interpreted his work to the public domain, and practiced the Jordanian Minister of Culture the moral rights to this work, Under the the Jordanian national legislation, which referred in Article 6 bis of the Berne Convention.

However, the question arose about how to exercise delegated authority for the protection and exercise of moral rights of the author, In other words, how to exercise the Minister of Culture, the moral rights of author, Do you exercise these powers is his own initiative, or upon the request of any interested party.

In fact, by reference to Article 46 of the Copyright Protection Act of 1992, as amended, we find that the legislature granted the right to do so, the right holder, or his heirs, or his successor, has the right to resort to the court, to request cessation of infringement, or tuning of illegal copies, or seizure of proceeds resulting from the illegal exploitation, “as well as he did in the text of Article 47 of the Act “.[40]

However, it remains vague and unclear, does the Minister shall exercise the moral rights of the author based on a complaint from any person or, by his interest in, or prevented access to his knowledge in any way.

 

 

 

 

 

 

 

 

 

References

1)- ttp://www.wipo.int/freepublications/en/intproperty/909/wipo/_pub_909.html. Understanding Copyright and Related Rights

2)- http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_Whataretherightsofacopyrightowner

3)- Development of Intellectual property laws and Foreign Direct Investment Jordan / Abdullah Nawafleh-University of Derby.

4)http://www.businessdictionary.com/definition/author.html

5)http://definitions.uslegal.com/a/author-copyright

6)- U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 (202) 707-3000        

7) – Principles of copyright cases and materials, Professor DAVID VAVER.

8)-Aide,C,A More Comprehensive SOUL: Romantic Conception of Authorship and   the Common Law Doctrine of Moral Right (1990) 48 University of Toronto FACULTY of Law Review 211.

9)-Moral Rights and their application in Australia – Maree Sainsbury

10)-Kwall R, Copyright and moral right : Is an American Marriage Possible , (1985) 38 Vanderbilt Law Review 1 at 3.    

11)-parliament of Australia Library http://www.aph.gov.au/library/pubs/bd/1999-2000/2000bd099.htm

12)-http://www.copyrightkids.org/definitions.html#moralrights

13)- Copyright Law & Moral Rights Civil Law and Common Law approach Fordham Law School Comparative IP & IT – IPGL-0230-001 – Room 310 February 2010 / Prof. Pablo A. Palazzi

 

14)-http://www.latinlawyer.com/reference/topics/52/jurisdictions/24/venezuela – the business law resource for Latin America

15)- the Universal Declaration of Human Rights in 1948

16)- Paris Convention for the Protection of Industrial Property in 1883

17)  Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886

18)- French intellectual property Code

19)- the Egyptian Law on the Protection of Intellectual Property Rights, Law No. 82, 2002

Legislations

1)-Jordanian Civil Code No.43 of the year 1976.

2)- Jordanian Copyright Protection Act of 1992 and its amendments.


1- See the first article of the Paris Convention for the Protection of Industrial Property in 1883.

2- See Article 27, paragraph 2 of the Universal Declaration of Human Rights in 1948

3-http://www.wipo.int/freepublications/en/intproperty/909/wipo/_pub_909.html. Understanding Copyright and Related Rights

4- http://www.wipo.int/freepublications/en/intproperty/909/wipo/_pub_909.html. Understanding Copyright and Related Rights.

 

 

 

5-see the Berne convention, articles . 8 , 9 . 11 – 14 . incorporated by TRIPS , ARTICLE 9 . 1.

7-Development of Intellectual property laws and Foreign Direct Investment Jordan / Abdullah Nawafleh-University of Derby.

8-http://www.businessdictionary.com/definition/author.html

9-http://definitions.uslegal.com/a/author-copyright

10-U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 (202) 707-3000

11-http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.html

12-principles of copyright cases and materials , professor DAVID VAVER .

13- Principles of copyright cases and materials, Professor DAVID VAVER.

14- See article 4 and 5 from the Copyright Protection Act of 1992 and its amendments, of Jordan.

15- See article 31from the Copyright Protection Act of 1992 and its amendments, of Jordan.

16-See article 35 from the copyright Protection Act of 1992 and its amendments, of Jordan.

17-Aide,C,A More Comprehensive SOUL: Romantic Conception of Authorship and the Common Law Doctrine of Moral Right (1990) 48 University of Toronto FACULTY of Law Review 211.

18-Moral Rights and their application in Australia – Maree Sainsbury

19-Kwall R, Copyright and moral right : Is an American Marriage Possible , (1985) 38 Vanderbilt Law Review 1 at 3.

20- Moral Rights and their application in Australia – Maree Sainsbury

24-see The Berne Convention (Article 6bis)

25- Principles of copyright cases and materials, Professor DAVID VAVER.

26-see article 8 from the Copyright Protection Act of 1992 and its amendments, of Jordan.

27-see French intellectual property Code  Article L121-1

28- Copyright Law & Moral Rights Civil Law and Common Law approach Fordham Law School Comparative IP & IT – IPGL-0230-001 – Room 310 February 2010 / Prof. Pablo A. Palazzi

29- Copyright Law & Moral Rights Civil Law and Common Law approach Fordham Law School Comparative IP & IT – IPGL-0230-001 – Room 310 February 2010 / Prof. Pablo A. Palazzi

30- Copyright Law & Moral Rights Civil Law and Common Law approach Fordham Law School Comparative IP & IT – IPGL-0230-001 – Room 310 February 2010 / Prof. Pablo A. Palazzi

31- Moral Rights and their application in Australia – Maree Sainsbury

32- Moral Rights and their application in Australia – Maree Sainsbury

33- Moral Rights and their application in Australia – Maree Sainsbury.

34-see article 21 from the Jordanian Copyright Protection Act of 1992 and its amendments,

35- see article 22 from the Jordanian Copyright Protection Act of 1992 and its amendments

36- http://www.latinlawyer.com/reference/topics/52/jurisdictions/24/venezuela – the business law resource for Latin America

37– http://www.latinlawyer.com/reference/topics/52/jurisdictions/24/venezuela – the business law resource for Latin America

38-see article 146 from  the Egyptian Law on the Protection of Intellectual Property Rights, Law No. 82, 2002

39- See article 34 paragraph A and B from the Copyright Protection Act of 1992 and its amendments, of Jordan  .

40- see article 46 and 47  from the Copyright Protection Act of 1992 and its amendments, of Jordan.

 

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