The object of copyright and the condition of “authenticity.”
The object of copyright and the condition of “authenticity.”
The object of copyright and the condition of “authenticity.” Is Everything Created a Work? And can it be protected by copyright?
Should any other criterion be met for the creation to enjoy protection?
Should a specific quality work be protected, or will a work of inferior quality be protected?
In the US, not every work can be protected by copyright. The US Constitution requires that work, which is protected by copyright, contributes to the arts’ development. Since there is also a constitutional provision in our country that deals with copyright and given that the Constitution is the highest law of the land, let’s refer to it as soon as possible, lest we find any conditions or criteria for protection work created.
Article 58 of the Constitution reads:
1. Freedom of artistic creation and research, exploitation, and the benefit of their achievements are guaranteed to all.
2. Copyright is protected by law.”Our constitutional provision aims to guarantee everyone the Freedom of artistic creation; everyone is free to make an artistic creation, put it to use, and benefit from him. So at the heart of the defense is the individual, the one who creates the work. The Constitution recognizes him the right to develop and benefit from his work. In contrast, the relevant US constitutional provision puts the development of the arts in the forefront. So we see a completely different orientation in copyright protection. Whereas in the US, Copyright is required to develop the skills. More broadly, like us in most European countries, economics aims to protect the author, his individuality expressed in the work.
However, the Constitution refers to “Artistic Creation” by somehow limiting the circle of works that are guaranteed protection. The Constitution states that copyright is protected by law, and according to the content of this provision, that works to be protected by copyright must be a literary, artistic, publicist, or other work of copyright. Here is a list of these works, which is not a concluding list; on the contrary, it is open where other works of this nature can be inserted.
1. The necessary condition is that the work is an intellectual creation of this nature (ie, literary, artistic, publicist).
2. The condition of authenticity is also the most critical condition of Copyright Law.
1. So, for a work to gain protection, it must meet this essential condition, which is “authenticity.”
2. External protection Also, one of the areas to be considered is protection against continuous external attacks that use various forms of infiltration to disclose the trade secret of the entity being a carrier. of the present-day sodic attacks is cyber attacks which are very frequent against the subjects,
3. With the latest information technology, and at the same time, social networks play an essential role in providing information to subjects; these attacks are mainly based on sending emails to the subject’s emails, where the emails that are sent contain software that opening sent emails are automatically installed on the computer, and operate secretly for long periods without being noticed by the user by installing such software they collect data from the computer database, and if they wish to reveal any trade secrets,
4. Persons who specialize in cyberspace do so for profit only, taking trade secrets they sell to competitors interested in such secrets. In conclusion, we can conclude that a trade secret is a form of ownership that the holder enjoys exclusive rights over such secrecy.
1. that there is no public information about him, only that such a secret is known, and is of great importance to the entity that possesses it,
2. As far as legal protection is concerned, I think that higher legal protection should be provided as regards trade secrets in national legislation. We can freely conclude that trade secrets are the key to success and a competitive form of market competition to others. . Also, the trade secret is transferable to other persons, who, in the form of agreement, can transfer the licensing to third parties.
