ضمان التعرض في عقد النشر -دراسة مقارنة- | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 13, Issue 1, March 2022, Pages 631-649 PDF (1.09 M) | ||
| Author | ||
| م. د. سميرة حسين محيسن | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The publication contract which concluded between the author and the publisher create mutual obligations between them. According to these obligations both parties must respect these rights which contain by the contract. The contact parties must obligate to not exposure to the rights stipulated by the contract. This principles stipulated and regulated by many states’ laws namely the French law of protection the intellectual property and art of 1957, the Germany law for the author right protection of 1965,and also Egyptian law of protection the author right No. 29 of 1954. The Iraq also promulgates the law No. 3 of 1971 to protect the author rights. So, according to the Iraqi law, if anybody abuses these rights either by the author himself or by third party that will make them responsible according to the tort law. Then the parties who abuse these rights have to compensate the other party or remove the causes of exposure or terminate the contract. Therefore, this article will ivied into three sections. The first section explains the concept of the exposure grantee and its legality. The second section devoted to illustrate the types of exposure while the last section discusses the implications of publication contract. The important suggestions and solutions would be contain by conclusion | ||
| Keywords | ||
| publishing contract; guarantee; compensation; material right; exposue | ||
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