مدى الحماية الجنائية لحقوق مؤلفي برامج الحاسب الآلي : دراسة تأصيلية تحليلية للقانون العراقي رقم 3 لسنة 1971 بشأن حماية حق المؤلف

الملخص EN

The research was divided into two chapters: The first chapter reviewed the appropriateness of the conditions required under the law of copyright to protect computer programs, and discussed the position of the Jurisprudence, which opposes the protection of software, which agrees to the protection that is approved under copyright law.

And discussed the arguments and evidence supporting this position or that, and then concluded: 1 - Computer software covered by the criminal protection approved by the copyright law to verify the conditions of protection required under the law.

2 - It achieved innovation in the program through a racist (check) and (mixing) of the constituent elements.

3 - The protection of all programs, whether the source of these programs, or programs or software applications of this goal, or translation software.

4 - Criminal protection include all phases of the program and the requirement for innovation but does not include the algorithm itself by its very nature.

Then at the second chapter is devoted to the statement that the attacks on the moral rights of authors of the program, and then showed his financial rights, it is necessary to observe the following: 1 - Acts which constitute a violation of the rights of authors of literary program, and in particular (group program).

2- In the field of copyright in the exploitation of the work by copying programs, we identified restrictions on the right of exploitation which are relating to the use of personal or family use or collective.