التداخل بين حقوق المؤلف و حق الملكية العينية للدعامة المادية للمصنف : دراسة مقارنة مع القانون الفرنسي

الملخص EN

One of the vital principles on which author’s right is based on is the principle of separation of the intellectual property of the work from the physical property of the material support of the work.

Despite the apparent simplicity of this principle and the fact that these two properties are not in conflict since they are independent, the affinity between these two properties is more complex than it seems to be.

The moral right of the author may clash with the right of ownership of the owner of the physical support and the French case law is a rich resource in this regard either through the case law regarding the works of art or the architectural works that can be used in Jordan on the grounds that the French legislation is the historical origin of Jordanian Authors Right Protection Law (JARPL).

On the other hand, there are clear legislative limitations when it comes to the author's economic rights and their complex relationship with the property of the material support of the work.

Therefore, this study concluded that the legislator should intervene with regard to the moral right of the architect to confront the landlord by adding a special exception to this type of work.

In addition, the text of Article 9 (c) of the (JARPL) on the Right to Lease and Article 9 (d) on the Right of Distribution must be amended too.