الوسائل القانونية لحماية المصنف الفلكلوري : دراسة مقارنة

Abstract EN

The issue of the protection of popular intellectual works is a thorny subject.

The reason for this is the veracity of these works and the fact that they are unknown to the author on the one hand and the different policies and orientations of countries in looking at such creations on the other hand.

Some of them consider folklore works of cultural heritage, while others went through the legislation of the intellectual business doctrine and subjected it to the laws for the protection of such creations, while other legislation followed the course of common and common property which is not subject to any protection, and made them public property and organized the exploitation.

The reason for the different orientations of States in their choice of one of these means is due to the importance they attach to these creations, as some are seen as representing the civilization and history of the intellectual creation of their peoples, and they are of great economic value.

Others see it as just old things or things that are beyond protection.

Since human beings always tend to develop and each process of creativity from the foundations based on it, which made popular creations based on the creators of their work, which called for legislation to decide the protection of heritage works in accordance with the protection of those creations derived from them.

With regard to this difference in the consideration of popular intellectual works, their means of protection varied and varied.