Author's Financial Rights and Possibilities of Assigning Such Rights
According to Egyptian law, the author has the exclusive right to use and exploit his work and any disposal of his work by third party should be done out by virtue of an explicit authorization to be issued by the author during his life or by his successors after his death.
The author has the following rights on his work: - Financial rights; and - Moral rights.
In this article, we will concentrate on the author's financial rights and the author's entitlement to assign or transfer such rights.
The Intellectual Property Law No. 82/2002 regulates the terms and conditions that govern the assignment or transfer of the said rights to third parties. Article 149 of the above mentioned Law stipulates that "The author shall have the right to, wholly or partially, transfer to a third party his financial rights". Based on the above mentioned article, the author shall be entitled to, wholly or partially, assign or transfer such rights to third parties.
Terms and conditions of such assignment or transfer:
According to Article 149/2 of the said law, "Such a transfer should be in writing and contain an explicit and detailed indication of each right to be transferred with the extent and purpose of transfer and the duration and place of exploitation".
Accordingly, the following conditions should be met that in order for the author to assign his financial right to third party, the:
1. The assignment contract should be in writing; meaning that writing is a formal condition and any disposal of the author's financial rights should be in writing otherwise, the disposal shall be null and void; 2. The rights assigned to third party should be expressly and accurately detailed in the contract. This is due to the fact that the author shall remain the owner of financial rights which are not explicitly assigned; meaning that authorization by the author to exploit any of the said rights shall not mean authorization to exploit other financial rights relating to the same work; 3. The extent and purpose of the assignment should be indicated; 4. The duration and place of exploitation should be indicated.
Differences between the author's financial and moral rights:
- As discussed above, the author has financial and moral rights on his work. The Author may, wholly or partially, assign or transfer his financial rights, to third party however; he may not assign his moral rights. - The Author's financial rights may subject to seizure however, the moral rights may not subject to seizure. It is worth mentioning that the author's work that is not published during his life may not be subject to seizure after his death unless it is undoubtedly proven that his intention was to publish this work prior to his death.
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