سلطة المؤلف في الحد من صلاحيات الغير على المصنف (دراسة مقارنة)

حسين محيسن, أ . م. د. سميرة; نعمان طراد, حسنين

doi:10.63677/jqlap.2021.180365

	سلطة المؤلف في الحد من صلاحيات الغير على المصنف (دراسة مقارنة)
AL-Qadisiya Journal For Law and Political Sciences
Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 266-317 PDF (2.02 M)
DOI: 10.63677/jqlap.2021.180365
Authors
أ . م. د. سميرة حسين محيسن; حسنين نعمان طراد
AL-Qadisiya Journal
Abstract
The study examines a topic of importance in practical life and has a direct and significant impact related closely to the author’s literary and financial rights. Accordingly, and in order to achieve this purpose, the legislator granted the author the authority to ensure that he supports that right in a way that keeps pace with the contemporary technical and technological age, so he is authorized to protect his work from Through the use of technical protection methods represented by encryption techniques, jamming and other electronic deterrence methods to be side by side with legal protection and work to reinforce them in the face of attacks and electronic piracy operations, which took another dimension, which began to spread around the world thanks to the Internet. However, the goals that prompted the legislator to decide on technical protection in addition to legal protection did not achieve what was desired from them, given that they are slow to develop compared to the speed of the current age of technology and the emergence of the Internet, which made it difficult, if not to say, impossible to control all forms of attacks or operations Piracy focused on the intellectual products of the authors, as well as the development of decoding and technical protection programs steadily with the capacity of their use and spread, and therefore national legislation and international agreements sought to hold the stick in the middle in an attempt to balance between copyright and the need to protect it and the technical and technological reality represented by the Internet and ease Access and access to mental productions in all its forms and in different parts of the world for a short period of time, so I intended to include texts in its laws that included a set of restrictions on the rights of authors that allow others - the recipient of that work - to perform a set of works that basically constitute a violation of the author's literary and financial rights، Such as displaying the work in certain forums and obtaining a special copy of it or studying it, and so on from other works through which legislation sought To expand the opportunities for supplying the fruits of the human mind in support of the scientific movement and to ensure its durability and continuity to form the other side of copyright .The latter sparked a wide jurisprudential debate about stating its legal nature. One aspect of jurisprudence went towards considering it tolerance by the author, while the other side went towards considering it a legal exception that responds to copyright, while another side adapts it as being up to the rank of a right of others over the work, so that we will be Thus, regarding two opposing rights over the same work, one of which is the copyright itself over his work with the literary and material powers that it authorizes, and another right represented by the right of the recipient of that work, that is, others. Undoubtedly, this convergence of powers will lead to a practical conflict between each of the two sides, and this leads to the question On the most likely side of them, so we try in this study to present this topic with a kind of correspondence between copyright and the powers of others by reviewing those powers that the law has delegated to others and what is the purpose that prompted the legislator to decide those powers, then explaining their legal nature and the standard followed for the budget or weighting Between her and copyright .
Keywords
Classifier; Temporary copying; Normal exploitation of the workbook; Technical protection

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