Private Law

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https://hdl.handle.net/20.500.11888/3199

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Browsing Private Law by Subject "التنظيم القانوني لعقد النشر"

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    التنظيم القانوني لعقد النشر "دراسة مقارنة"
    (ِAn-Najah National University, 2019-01-20) أبو عيشة, منى
    This study is dedicated to study the legal regulations of publishing contract through highlighting the British law of copyright applied currently in Palestine, and to compare it with each of the Egyptian intellectual property rights law No (82) of 2002, the Lebanese literary and artistic ownership law No (75) of 1999, and the Jordanian copyright act No (22) of 1992 and its amendments to enforce the current copyright act in Palestine and to get to its weaknesses in order to strengthen it to achieve the legal protection for the copyright act in the presence of publishing contract. Despite of the age of the current Palestinian law, yet it brought forth some good points, and at the sometime overlooked some necessary things to protect the copyright. therefore, the researcher has clarified the concept of publishing contract and its two types, the traditional and the electronic touching on the distinguishing factors between them to define what is meant by the publish contract between the author and the publisher. The publish contract in its participatory nature is almost similar to the author waiving his rights in material exploit to many other contracts that are similar to this contract which is marked with many distinguished features unlike other contracts. This contract has an advantage in one of its pillars which is the remuneration, that is considered one of the basics of this contract and a natural result to its existence, in addition to the pillars of mutual consent and material that any contract can’t be established without them. This contract consist of two parties: the author who has the right to publish and the publisher who is responsible for publishing the material and make it available to the public. There is a set of commitments that forms a right to the counterpart party in the publish contract which the contract can’t be based without them as long as it’s mutually agreed on with the contract items, the fail of keeping to these commitments leads to the termination of the contract and compensation. The material copyright which is embodied in this study of publishing contract is protected by either procedural protection that aims to stop the attack on copyrights and preserving the copies of the material that has been attacked, or by civilian protection that is based on the concept of consumption of damages to the author and the partial protection based on the punishment of the perpetrator.