استخلاف الحقوق المعنوية و إشكالية الانتقال : دراسة مقارنة

الملخص EN

Intellectual property rights include two financial and moral rights.

The author has two rights over the works he produces, a moral (moral) right, and another financial right.

Therefore, copyright is viewed as a double right that enjoys a special nature, and this nature made it difficult to replace the moral right, because it An authority different in its legal nature from the financial right, because it is a link that links the work to its author and gives him powers, and powers aimed at proving the author’s property as an extension of his author’s personality, and the goal must be to preserve the reputation and mention of the author, and his consideration through preserving the work, and the moral right does not transfer For the author to others, it is limited only to the financial right, but in some cases, the moral right may be transferred to the heirs, and the basis of the transfer to the heirs is based on two points, the first is that this transfer pays the damage, after the death of the author, the work is subject to assault and violation, Or on its author, and therefore the heirs are obliged to defend him, and the fame of their predecessor, and since the moral right is not related to the same and his mind of the bequeather, therefore the successor inherits the money, and what is related to it and what was related to the money is inherited, and the second point is the financial right inherent to The moral right, i.e.

the existence of a dependency bond arising from their presence, which makes it free to transfer to the heirs according to the financial right.

In light of this, it is possible to distinguish between two categories of moral rights in terms of their ability to transfer to heirs from others.

The first category is moral rights that the author possesses without others, and they include his right to create his work, and to create it, his right to modify, complete, and execute his work, and his right to refrain The right to publish the work under his name, a pseudonym, or without a name, his right to display the work, and his right to withdraw the work from circulation.

As for the second category, moral rights can be exercised by the author, or his successor, and includes the right to decide to publish the work If the author dies before deciding to publish the work, the right to prevent the author’s name from being dropped, and the author’s right to respect the work and not compromising its integrity.