نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد گروه حقوق مالکیت فکری، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران
2 دانش آموخته کارشناسی ارشد حقوق مالکیت فکری، دانشگاه تربیت مدرس، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The right to disclose a work is one of the author's moral rights, which, more than any other country, is born from French judicial precedent and plays a fundamental role in protecting the privacy and control of the author over his work. This article examines the effects of the right to disclose on the financial rights of the Contracted Parties. One of the main questions is whether the right to disclose in exploitation license agreements can be modified and assigned or not. This article, using an analytical and descriptive method and library resources, has reached a negative result in answering these questions. The authors believe that the right to disclose cannot be modified and assigned to the licensee and is not waived even by concluding a work contract or commission or employment for the creation of the work. As a result, the author still has the right to decide when and how to disclose his work even if he has transferred the financial rights to the work or granted a license to exploit it or has concluded an employment or commission contract for the creation of the work. In fact, in the event of a conflict between the creator's right and the financial right of the contracting party, the creator's moral right to disclose the work is often preserved, even if it is modified, and this permanence and protection can sometimes limit the financial rights of the contracting party to the creator and even expose them to decline and destruction.
کلیدواژهها [English]
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