الحماية المدنية لحق المؤلف الأدبي للشخص المعنوي (دراسة مقارنة)

Civil protection of the literary copyright of a legal entity (a comparative study)

Abstract

Literary copyright is one of the most important rights that express the author’s personality, but the development of practical life and its means has made the natural person somewhat unable to keep up with this development, and this in turn was a reason for the emergence of legal persons, so they became, with what they possess, contracting with natural persons to create some works, and this was a reason for these legal persons to acquire the status of the author, such that this matter raised a wide controversy among jurists on the basis that this conflicts with the most important characteristics of literary copyright, which is its inalienability, and that it is not permissible to assign it to others. Most comparative legislations did not explicitly indicate who deserves the title of author, but rather came with general texts so that they could be applied to all natural and legal persons, and this in turn led to the emergence of jurisprudential differences represented by (Latin) jurisprudence, which believes that the title of author is proven to the person who has the creative idea and not to the person who directed or organized that idea or work, while the other side is represented by (Anglo-Saxon) jurisprudence, which favors the economic side, and believes that the person who directed is the one who deserves the title of author and justifies that by saying: The natural person would not have reached this work had the legal person not assigned him this work. The legal person, the author, is also proven to have some moral rights, some of which are before he publishes his work, which are: (the right to decide to publish the work, the right to attribute the work to him), while the other side of the rights is proven to him after he publishes the work, which are: (the right to withdraw and modify the work, the right to prevent aggression against his work). The law also granted the legal person author some means to preserve his works, including what is proven to him before the infringement on his works occurs and is called (preventive means) the purpose of which is to avoid any attacks, while the other type of these means is proven to him after the infringement on his literary works occurs and is called (precautionary means) the purpose of which is to stop the infringement that occurred. Accordingly, whenever the works of the legal person author are infringed, and he suffers damage as a result, he can submit a request to the court to demand in-kind compensation, the purpose of which is to restore the situation to what it was before the infringement occurred, and if this is not possible, monetary compensation is resorted to.
Keywords: legal person author, civil protection of literary copyright, character of legal person author, content of literary copyright.