تنازع القوانين في الحق المعنوي دراسة في إطار حق المؤلف

Rp-Conflict of Laws in Moral Right A study in the Field of Copyright.pdf

The moral right is considered one of two rights that comprise
copyright, in addition to the financial right. Jurisprudential and legal
trends have differed regarding the nature of this right. While the Latin
legal system considers it to be one of the personal rights attached to the
person of the author, the Anglo-Saxon system considers it to be one of
the forms of property rights. The moral right refers to The creative
intellectual works produced by the author in the fields of literature and
art are therefore subject to conflict of laws if the author’s products cross
the borders of a single country and come into contact with the laws of
foreign countries.
There are many approaches to the conflict of laws that govern
international relations of moral right. There is the approach of the rule
of attribution in addition to the approach of substantive rules. In some
domestic and international legislation, the moral right is subject to
general rules of attribution of a dual nature and relying on regional
controls of association. These rules ranged from attribution to the law of
a country. The first publication of an intellectual work and attribution to
the law of the country in which protection is sought. Given the nature of
the moral right as one of the rights of personality, we have argued that it
is necessary to adopt a rule of attribution of a personal nature, which
can refer to the law of the country that has the strongest connection to
the person of the author himself and not to the work he produced,
which is what It is prominently available in the official place of habitual
residence of the actual author at the time of creating the work that is
the subject of the right. In addition to the attribution approach, there is
the objective approach approved by internal legislation in the field of
copyright, which includes the rules with necessary application and the
substantive rules in private international law, in addition to the
substantive principles that It has been approved by domestic legislation
and international agreements in the field of determining the status of
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the foreign author and recognizing his enjoyment of the moral right
within the country.
In addition to the general rules of attribution, there are some
specific rules that govern moral right within the framework of conflict
theory, including those related to copyright infringement disputes
through modern means of communication, which require attribution to
the law of the sending country for intellectual works that are sent or
received through these means. In addition to another rule that
specializes in copyright disputes through the media that appear in most
or all countries of the world, the most important of which is the
international information network, which is called the rule of unlimited
spatial or widespread violation, which the study led us to believe is the
most appropriate rule for ruling the moral right of the author in
environmental disputes.