Testament and succession towards material rights of literary and artistic work

Abstract

In accordance with the Law on Protection of Rights of Authors,Composers and artists, Act of 1348, protection of literary and artisticWork and identification of author ownership right, starts after publishing.From this time onward these rights can be transferred through successionor testament. However, Article 65 of the Civil Law Enforcement, Act of1365; allow the successors of the author to publish the unpublished workof their testator after his death and benefit the 50 years support. In otherwords, a literary and artistic work can create two materials right: One,after publishing till the author’s death, which is profitable for thesuccessors until 50 years after his death, the other is the right providedafter publishing the work by the successors and after author’s death. Thiscreates an unreasonable result, First, ''unpublished (by the Author) workscan be protected by law (whit publishing by the successors)'', and second,"The decision to publish the work, one of the moral rights, can also beinherited''!

Keywords

• keywords: literary and artistic work
• testament and succession
• material and moral rights
• voluntary transfer
• involuntary transfer