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The Authors Abuse of the Moral Right in the Jordanian Legislation: A Comparative Study |
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PP: 3129-3138 |
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doi:10.18576/isl/120738
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Author(s) |
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Omar Al-Makhzoumi,
Ayat K. Al-Bdour,
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Abstract |
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| The moral rights of the author are fundamental and protect their intellect and creativity. Despite its importance to the author in particular and society in general, leaving such rights unrestricted is not acceptable because the objective of the law is to regulate various transactions and relationships between people. Therefore, establishing frameworks governing copyright law is deemed useful. By way of examining Jordanian, local, and international legislation, the researchers find that the legislator has not effectively regulated this matter to prevent the author from exercising their moral rights in a way that harms others. Despite the close connection between the moral right and the economic one, the issue of moral right abuse by the author has not been addressed, even though its elements are present in some of the authors practices. Furthermore, the legal texts tackling the subject are more contentious due to their vague and ambiguous wording, leaving legal interpreters to exert effort to understand the intentions behind these words and terms. In the quest to investigate this topic, the study draws several conclusions, the most important of which is the absence of any obstacle to applying the theory of the authors abuse of their moral rights in their practices. The study also shows that the value of compensation specified in the law is not defined by criteria, making it impossible to estimate the value of the loss suffered by the affected party as a result of the authors exercise of their moral rights, as the value of profit is not identified. |
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