The Assignment of the Author's Moral Rights in Accordance with the Egyptian Law
November 19, 2011 By Challenge Law Firm
In this article we will discuss the author's right, particularly, the author's moral rights and whether it may be assigned or not. The Intellectual Property Law No. 82 of 2002, Third Book, regulates the protection of the copyright and the author's rights on his work.
The Author's Rights
The author has the following rights on his work:
- financial rights, and
- moral rights.
Financial Right
The author has the exclusive right to exploit his work by any means i.e. copying.
Moral Rights
First: What Are the Author's Moral rights?
According to Article 143 of the above-mentioned law, the author and his public successors shall have the following moral rights:
1. The right to make the work available to the public for the first time; meaning that the author and his public successors have the right to determine when and where his work shall be published.
2. The right to claim authorship; meaning that the author have the right to put his name on his work (paternity right). It is worth mentioning that the Court of Cassation declared this right in its judgments. (Challenge No. 1352/53J) hearing of Jan 7, 19987 and (challenge No. 1568/54J) hearing of November 3, 1988.
3. The right to prevent any modification considered by the author as distortion or mutilation of the work. Since the author is the only one who has the right to amend or modify his work, therefore, the author shall be entitled to prevent the third party for making any modification that may be considered as distortion or mutilation of his work.
It is worth mentioning that modification in the course of translation shall not be considered as an infringement unless the translator fails to indicate deletion or changes or if he causes prejudice to the reputation and status of the author.
Second: The Possibility of Assignment of the Moral Rights
The aforementioned three rights are permanent rights, shall not be subject to prescription and may not be assigned. Accordingly, any disposal of any moral rights stipulated herein above shall be considered null and void.
Finally: The Difference Between the Financial Rights and Moral Rights
As discussed above the moral rights may not be assigned. However, the financial right may be partially or fully assigned, this is according to Article 149 of IP Law No. 82/2002.
ABOUT THE AUTHOR: Ms. Shaimaa Solaiman, Managing Partner of Challenge Law Firm
Ms. Shaimaa Solaiman, Founder and Managing Partner of Challenge Law Firm. Before establishing Challenge Law Firm, she was practicing Law for around 10 years in a multinational law firm. Ms. Solaiman has LLM degree in Law in 2001 and admitted to Bar Association in 2001.
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More information about Challenge Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The author has the following rights on his work:
- financial rights, and
- moral rights.
Financial Right
The author has the exclusive right to exploit his work by any means i.e. copying.
Moral Rights
First: What Are the Author's Moral rights?
According to Article 143 of the above-mentioned law, the author and his public successors shall have the following moral rights:
1. The right to make the work available to the public for the first time; meaning that the author and his public successors have the right to determine when and where his work shall be published.
2. The right to claim authorship; meaning that the author have the right to put his name on his work (paternity right). It is worth mentioning that the Court of Cassation declared this right in its judgments. (Challenge No. 1352/53J) hearing of Jan 7, 19987 and (challenge No. 1568/54J) hearing of November 3, 1988.
3. The right to prevent any modification considered by the author as distortion or mutilation of the work. Since the author is the only one who has the right to amend or modify his work, therefore, the author shall be entitled to prevent the third party for making any modification that may be considered as distortion or mutilation of his work.
It is worth mentioning that modification in the course of translation shall not be considered as an infringement unless the translator fails to indicate deletion or changes or if he causes prejudice to the reputation and status of the author.
Second: The Possibility of Assignment of the Moral Rights
The aforementioned three rights are permanent rights, shall not be subject to prescription and may not be assigned. Accordingly, any disposal of any moral rights stipulated herein above shall be considered null and void.
Finally: The Difference Between the Financial Rights and Moral Rights
As discussed above the moral rights may not be assigned. However, the financial right may be partially or fully assigned, this is according to Article 149 of IP Law No. 82/2002.
ABOUT THE AUTHOR: Ms. Shaimaa Solaiman, Managing Partner of Challenge Law Firm
Ms. Shaimaa Solaiman, Founder and Managing Partner of Challenge Law Firm. Before establishing Challenge Law Firm, she was practicing Law for around 10 years in a multinational law firm. Ms. Solaiman has LLM degree in Law in 2001 and admitted to Bar Association in 2001.
Copyright Challenge Law Firm
More information about Challenge Law Firm
View all articles published by Challenge Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
