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L'oeuvre complexe en droit tunisien de propriété littéraire et artistique

العنوان المترجم: The complex work in Tunisian law of literary and artistic property
المصدر: مجلة الحقوق
الناشر: جامعة الكويت - مجلس النشر العلمي
المؤلف الرئيسي: Tarak, Baccouche (Author)
المجلد/العدد: مج41, ع4
محكمة: نعم
الدولة: الكويت
التاريخ الميلادي: 2017
التاريخ الهجري: 1439
الشهر: ديسمبر
الصفحات: 11 - 63
DOI: 10.34120/0318-041-004-011
ISSN: 1029-6069
رقم MD: 865345
نوع المحتوى: بحوث ومقالات
اللغة: الفرنسية
قواعد المعلومات: IslamicInfo
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المستخلص: The main objective of this study is to understand the different components of these complex creations and their common specificities by studying their nature and its implications on authors in general as well as these creations themselves. As for its first part, this study mentions the different criteria the Doctrine and legislation were based on to classify these creations and study their specificities. Moreover, this approach shows these criteria’s inability to deal with these creations especially in their digital form. As far as the second part is concerned, it focuses on the necessity to go beyond the known criteria to classify these creations and to rely instead on the criterion of complicity between the group of components of the complex creations. Thus, both the material and moral aspects of a group help deal with the creations and classify the nature of the relations between their authors and different components. The second part of the study establishes for the need to move beyond the current standards to divide complex works and rely on the overlapping character of the components of the standard elements of the complex works. The concept of the group ’ensemble’ in its material and moral dimensions can surround the different complex workbooks and indicate the nature of the relations between their authors and their various elements. Consequently, this may lead to very important results in relation to the need to acknowledge the distance between the interests of collective complex works and the self-interests of each author. In fact, this justifies the collective interest to estimate the total amount of the collective interest as well as the prevalence of rights among the contributing authors who are members in the collective works. Accordingly, the rights of ownership that belong to all of them become by no way divisible.

ISSN: 1029-6069