ضىابط المصنفاث الأدبيت ووسائل حمايتها :دراسة مقارنة

Abstract

This Study aims to discuss the concept of literary works, count their types and show the forms of their aggression. It also illustrates their relevant rules and the tools of their protection. The importance of this Study is attributed to the fact that it is one of the rare studies dealing with the issue of literary works as a separate issue and fixing its doctrines, legal rules and protection tools. The Researcher has relied on the inductive and analytical methodology through its referring to the Holy Koran, Sunna and the writings of the jurisprudence and law scholars and comparing such references with the Yemeni and Sudanese legislation. Such literary works are governed by: Formal Rules: - Registration of the subject work. - The work should be in a tangible form . Objective Rules: - It should be a literary work . - The work should be new and original. - It should be useful. - It should not be banned. 3 The works need not be entirely new, but it may include a relative newness in a new form. There are five tools for protecting the literary works: - The preventive tools. - The reservation tools. - The civil tools. - The criminal tools The Researcher recommends the attention to the intellectual creation as an essential factor of the economic, political, social and cultural development. He urged the legislator to formulate new laws consistent to the technological progress and asks the researchers to deal with the various types of literary works as a new field of searching.