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Download This PDF File ISSN 1712-8056[Print] Canadian Social Science ISSN 1923-6697[Online] Vol. 9, No. 1, 2013, pp. 1-8 www.cscanada.net DOI:10.3968/j.css.1923669720130901.1092 www.cscanada.org Terms of Use the Private Version of Protected Works Comparative Study Saleem Isaaf Alazab[a]; Ahmed Adnan Al-Nuemat[a],* [a] Assistant Professor of Law, AL-Balqa Applied University, Amman, the use if it is not targeted for purposes like commercial 11821 Jordan. purposes, making profit from it and to compete for * Corresponding author. economic purposes. Received 7 December 2012; accepted 29 January 2013 Key words: Copyright; Private version; Protected works; Copyright law of Egypt; Copyright law of France Abstract The authorities deem that for the author to make his/ Saleem Isaaf Alazab, Ahmed Adnan Al-Nuemat (2013). Terms of Use the Private Version of Protected Works Comparative Study. her work exclusive and yield full benefit from it the Canadian Social Science, 9(1), 1-8. Available from: http://www. following terms used in the version must be complied; the cscanada.net/index.php/css/article/view/j.css.1923669720130901.1092 scope of the works must be permitted by the law and the DOI: http://dx.doi.org/10.3968/j.css.1923669720130901.1092. works should not be banned because of being criminal. These terms imply that other people will require author’s permission for compiling the work or for making a copy of his work. INTRODUCTION When it comes to the personal use of the work As it has been mandatory to mention the request of the or by the domestic-user version of the workbook author about his permission regarding reproduction of that is contained by the framework these conditions his work owing to prevent indictment traditions, and was are applicable only. Both the French and Egyptian practicing exemption as individual description are not lawmakers broadcast the predictability of predisposition near to get that consent, the tradition of crime is not a in normal use for the workbook, as the cloning process list as far as dedicated addict of the workbook sheltered, of workbooks that are of special nature cause massive associated to exclusion the legal formalities likewise the losses that is why they are not included in the scope of the description of these circumstances are very significant, exception personal version to prevent others from getting clearly, because the scope of legality and permissibility a copy of it unless the controls and conditions for use of cannot cover the work; thus, it becomes a criminal liability these works are taken into consideration. This legislation as it is not allowed and punishable according to tradition1, is applicable to the works of art; notepad based musical all of these conditions is needed by the paragraph 2 of works, computer programs and databases. The personal Article 122/5 L in accordance with French legalization versions when of legitimate size they cannot damage the of intellectual property when predetermined “No author author’s privilege but when the copy exceeds the confines may – when publication of his work – that prevents of the legitimate size huge loss to copyright is incurred. copying, or re-copying, which is the private use of the It the workbook in is being used for friendly collective copier, without targeting the versions to use mass copy, as of the work as mentioned by the framework it sanctions required by paragraph (ii) of Article 171 of the Egyptian 1Barrawi, H. (2004). The Protection of Literary and Artistic Works (Protection Subject and Conditions) Working Paper Submitted to the World Intellectual Property Organization (WIPO) Seminar Specialized National Judicial Authorities of Jordan, Organized by WIPO in Cooperation with the Jordanian Judicial Council and King Abdullah II Center for Intellectual Property, p. 6. 1 Copyright © Canadian Academy of Oriental and Occidental Culture Terms of Use the Private Version of Protected Works Comparative Study Law of Intellectual Property Rights “the author after the exemption no one can have benefit as private version the publication of his work cannot prevents others from bias normal exploitation regarding workbook and the the work of a single copy of the workbook for the use legitimate interest of the author is harmed (second section) of the copyist purely personal, and provided it does not and these two conditions will be described as follows: disrupt this copies the normal exploitation of the work or 1. Identify the Version for Private Utilization unjustified damage to the legitimate interest of the author”. Several questions have been raised by the advanced The term “special use” has been used by French legislator legal texts and it will be attempted by this study to answer in Article 122/5L of French intellectual property act, and these questions as: Egyptian legislator in paragraph II of Article 171 of the Is the same individual use is like the private Intellectual Property Law expressed: “Pure personal use” utilization? what does this expression depict? How can be the damage to the author evaluated or Private use and personal use are equal? The feature whether it is physical or moral or how many sufferers are of personal use that is just for the requirements of the there? individual: however, the family background is for the Is it allowable to get a copy of any intellectual works private use that is the common denominator between or some works have been excluded from the exception of personal use and private utilization; does it really individual version? mean that collectively all of them allow the use of the workbooks. Therefore, the private use is more wider than the METHODOLOGY personal usage, the private use encompass personal use but personal use not, likewise4, French text is wider than The purpose of the study is to concentrate on the topic of the Egyptian text, whereas incomplete term personal use “state on the exercise of their version of secured works get ready lone copy from the workbook to be utilized copyright only in French and Egyptian legal, where out of the for individual reasons merely like to investigate and scope of the study of owners rights connected to copyright, analyze per se, he ends the term specific usage to overall as out of the scope of investigation into whether ownership duplication of a work cannot be utilized for personal workbooks intellectual is legitimate or not”. However, the purposes merely, but their utilization only for the purposes researchers will mention study workbooks battered keeping regarding group of people as inter-specific, like segment in view “the mind” and not as physical body. of a family; however, like sharing they do not allow During the study of this subject, the researchers general public usage, because they take for granted not for have chosen the analytical method and contrasting by monetary purpose or related to commercial usage. 5 recognition the obtainable solution according to the 2 In the narrow sense, if the scope of private use is French law in contrast with European laws, and on the not related to the individual usage, the user person is protection of copyright of 1954 the Egyptian law which being covered through the practical usage all the people has been amended through the act of Intellectual Property associated to this user family6. Rights No. 82 of 2002 as example for Arabic laws If earmarked for use copyist personal or for usage because the initial Arab law began regarding protection of within its scope family the version remain characteristic copyright during the current era, after that grasp evaluate as private, The Court of Appeal of Paris ruling that the stipulation to satisfy the questions emerged through ought to be allowed the possessor of the digital cylinder these study to fulfil the remaining deficiencies regarding work reproduce them not to employ singly, but must be the subject body of the research. enlarged for employing in the scope of family it is not The purpose of the use of the copy is private use justifiable the recipient is a copy of the workbook and which is verified by the legal texts (Section I) and from hold his family from the employment of them7; moreover, 2 Kaid, A. O. (1992). Criminal Protection Copyright, Comparative Study (1st Edition, Dar Alnahda, Cairo) p. 4. 3 Badr, A. O. (2004). Online Workbooks Trading, (The new University House Publishers, Alexandria) p. 84. 4 Sayed, G. A. (2007). About a Modern Concept of The Private Version: A Comparative Study of The Concept of the Private Version as one of the Restrictions Contained on the Exclusive Rights of the Author and Holders of Neighboring Rights between the Means of Digital Copying and Technological Protection Measures, (Dar Alnahda, Cairo) p. 82. 5 Lucas, A. & H – G. (2006), The Treaty of Literary and Artistic Property, (3rd edition) p. 287. And Khalil, A. S. (2012), Right in Translation, (A Comparative Study between the Positive Law and Islamic Jurisprudence), (Alwafa Legal Bookshop, Alexandria) p. 310. See also Haroon J. (2006), Civil Protection of the Author’s Literary Right in Jordanian Legislation, Comparative Study, (The House of Culture of the Publication and Distribution, Amman) p. 158. And Majali A. H. (2000), Protection of the Author’s Financial Right in Jordanian Law, (Dar Wael for Publishing, Amman) p. 135. 6 It is also argued by some that it goes to re-establishing the amount produced for a second time as there is no assurance for the private version to be only used by the legatee.See Paul Hebert, Private copying: how far? available at <http://www.Juridique.Copie.privée.jusqu’où.htm> accessed 24th September, 2012. 7 Court of Appeal of Paris, 4 April 2007, M.
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