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How to protect your moral rights

How to protect your moral rights

According to Law No. 82 of 2002 issuing the Intellectual Property Rights Law, the competent authority to register any literary work is the Ministry of Culture. There is also registration at the time of printing in the Book House, but the registration of the idea and creative work is in the Copyright Department in the Ministry of Culture 44 Al-Mesahah St. - Giza in front of Dokki Police Station.
Text of the law
Article 140 - The authors" rights over their literary and artistic works, in particular the following works, shall be protected by this law:
1. Books, pamphlets, articles, pamphlets and other written works.
2. Computer programs.
3. Databases, whether they are computer-readable or otherwise.
4. Lectures, speeches, sermons and any other oral works, if they are recorded.
5. Dramatic works, musical representations, and mime (pantomime).
6. Musical works with or without words.
7. Audio and visual works.
8. Compilations of Architecture.
9. Works of drawing by lines or colors, sculpture, printing on stones and fabrics, and any similar works in the field of fine arts.
10. Photographic and similar works.
11. Works of Applied and Fine Art.
12. Illustrations, geographical maps, sketches, and three-dimensional works related to geography or architectural designs.
13. Derived works, without prejudice to the protection prescribed for the works from which they were derived.
Protection includes the title of the work if it is innovative.
Article 141: Protection does not include mere ideas, procedures, work methods, operating methods, concepts, principles, discoveries and data, even if they are expressed, described, clarified, or included in a work. According to the law, the author has the right to obtain material compensation for his work, but even after obtaining this compensation, he has other rights that never forfeit. Such as the right to attribute the work to oneself, for example, and other rights that do not lapse until 50 years after his death
Note that the period of 50 years is from the date of the death of the author and not from the date of publication of the book

Article 143 - The author and his general successor - over the work - enjoy eternal moral rights that are not subject to prescription or assignment. These rights include the following:
First – Making the work available to the public for the first time.
Second - The right to attribute the work to its author.
Third: The right to prevent the modification of the work in a way that the author considers distorting or distorting it. Modification in the field of translation is not considered an assault unless the translator neglects to indicate the places of deletion or change, or by doing so, he offends the reputation and status of the author.
Article 144 - The author alone - if serious reasons arise - may request the Court of First Instance to rule to prevent the circulation of his work, to withdraw it from circulation, or to introduce substantial modifications to it, despite his disposal of the financial exploitation rights. And the author's rights cannot be waived even at his request in accordance with the law (this applies to repented works, not to drawings).
Any contract to the contrary that purchases for an indefinite period the right to use a literary work is void
Article 145 - Any disposal that is directed against any of the moral rights provided for in Articles (143) and (144) of this law is absolutely null and void.
These rights are reserved for 50 years after the author's death
Article 160 The financial rights of the author stipulated in this law are protected for the duration of his life and for a period of fifty years starting from the date of the death of the author.
Article 161 The financial rights of the joint authors of the work shall be protected for the duration of their lives and for a period of fifty years starting from the date of death of the last surviving one of them.
However, there are limited exceptions
Article 171 Without prejudice to the moral rights of the author in accordance with the provisions of this law, the author may not, after publishing his work, prevent others from carrying out any of the following actions:
First: A performance of a work in meetings within a family framework or with students within the educational facility, as long as this is done without collecting direct or indirect financial consideration.
Second: Making a single copy of the work for purely personal use, provided that such copying does not prejudice the normal exploitation of the work or cause unjustified harm to the legitimate interests of the author.
So how do you preserve these rights from theft??
As at the beginning of the topic, it is registered in the Ministry of Culture and registration is done with certain procedures and conditions, either in the Copyright Department or in the Book House with a deposit number and a deposit certificate
Article 146 - The competent Ministry (Culture) shall exercise the moral rights stipulated in Articles (143) and (144) of this book in the absence of an heir or a legatee, after the expiration of the period of protection of the financial rights prescribed in it.
The written work is registered in the Copyright Department for a fee of 200 pounds for each workbook, and two copies of the work are stamped with the department's stamp, one of which is given to the author with a deposit certificate, and the other is archived in the department
We asked some questions to the employees there, and they answered them
1. Costs: 200 pounds, a fixed fee that does not change, plus a 2 pound stamp.
+ 2 copies of the work
2. Procedures that the work goes through: A deposit certificate is made that includes the type of work, a short description of it and its name with the date of deposit. It is kept on the administration's computer, printed and stamped to be handed over to its owner
2 copies of the work are stamped, one is delivered to its owner, and the other is kept in the archives of the administration
The author writes an acknowledgment that the work belongs to him alone and from his creativity only, and indicates whether it was published before or not
3. What happens in the event of a dispute over a registered work?
The administration is a depository body only. It takes its papers as evidence, but the resolution of the dispute is up to the judiciary.
The certificate is not internationally documented. The entry into force of the TRIPS agreement is supposed to be effective in all countries that signed the agreement, but this text has not been done yet.
4. Registration in the Dar Al-Kutub, the Real Estate Registration Firm, or the Department? Which is better?
Dar Al-Kutub is for printed work, while the real estate registry is now not specialized in registering written works. From a legal point of view, both proofs are effective before the courts
5. Other languages: A workbook in Arabic can be recorded + translated, but dealing in Arabic only. A work written in a foreign language is not recorded
6. Registration of translations: To register a translation of a literary work, it is necessary to obtain the author's consent or the rights are forfeited, and obtain the approval of the Supreme Council of Culture (by asking the Supreme Council of Culture, they confirmed that they are not competent to give a translation permit except in specific cases specified by law for scientific and research purposes in the case of The intransigence of the original publisher). 7. Types of works that are recorded in the administration: Any written work
8. Is it possible to register a specific idea or fictional character? The answer is no, but in the event of a quotation, the court is referred and the case is referred to an expert
Registration for Egyptians or non-Egyptians with the same procedures and costs
In the event that there is more than one author of the work, they must all be present for registration, or authorizations from the rest for one of them.
To register a work in the name of a literary group or a magazine, the registration is made for its representative, provided that he submits legal papers proving that (such as a commercial registration in his name or the like)
In the event that two works are registered with the same name, the oldest work will be preserved only in the event of a conflict or legal problem between them

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