Cybrarians Journal (Dec 2013)

What is copyright

  • Mohamed Al Mataleqa,
  • Bassam Yasen

DOI
https://doi.org/10.12816/0013085
Journal volume & issue
no. 33

Abstract

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Intellectual property is considered one of the sensitive topics of our time, as it is completely linked to the human mind. This led to a jurisprudential dispute among legal scholars about the legal nature of intellectual property. Is it a personal right, a moral right, or a right that is completely separate from these rights, meaning that it is of a private nature? When we study the Jordanian Civil Law, we find that it considers it a moral right. This is through its division into sections of moral rights, such that industrial property and trademarks are included under this right. Copyright is very similar to industrial property and trademarks in terms of general rules. Because the principle is to protect the mental innovator, whether this innovator is industrial or a literary work, without regard to its crystallization of material entities. As for the Egyptian legislator, he did not address these rights directly, but rather left the matter to the jurisprudence of the jurists and postponed all non-material rights to their own laws. However, in the event that these laws are unable to accommodate new matters, reference is made to the Civil Code, which is the basis of these laws and fills any deficiency. In which.