La propriété littéraire et artistique : Commentaire de la loi libanaise du 3 avril 1999

The author's copyright and artistic :

Comment of the Lebanese law of April 3, 1999

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DEA of private and right law of the businesses

Year 2004-2005

Saint-Joseph university/Faculty of Law

Prepared by : Under the direction of the professor  S. Cabrillac

Yacine Labib

Sandra Rbeiz Coordination : Imane El Sokhn

Rana Rouphael

Nour Badreddine

Joseph Bsaibes

Clarine Assaf

Mayssa Ghawi

Patrick Oubeid

Maria Khair

Claudia Chamaa

Daria Haytayan

George Hajjar

Imane El Sokhn

Mubarak mark

Mirna Abou Chakra

Mohammad Fawaz

Ibrahim Soumrany

Ghina Tabbara

Nour Hajja

Edward Mansour

Layal Sakr.

Synopsis

Introduction 3

Section 1: Conditions of protection 5

Under section 1 : The object of protection 5

Under section 2 : Holders of protection 8

Section 2 : Effects of protection 10

Under section 1 : Rights granted to the authors 10

Paragraph 1 : Moral right 10

Paragraph 2 : Patrimonial rights 23

Under section 2 : Exploitation of the rights 29

Under section 3 : Sanctions 38

General introduction :

« When one painted on the fabric of others, some think that the fabric is the accessory of painting ; others think that painting, whatever it is, is the accessory of the fabric : the first feeling appears preferable to us. This would not be ridiculous that a work of painting of Calls or Parrhasius, was looked like the accessory of a fabric of cheap price »^1(*).

It is this specificity of the rule of art by the legal provision which one could read in Institutes de Justinien and which nowadays made that the royalty holds an important place in the Lebanese legislation and this by the introduction of a new law on the protection of the author's copyright and artistic of April 3, 1999, come into effect on April 13, 1999.

The goal of such a law was to reinforce the royalty who had known very few changes since the decree No 2385 of January 17 1924 which dated from the French mandate, and which had repealed the old Othoman legislation of 1872.

This decree presented, indeed a kind of coding of the royalty French and was dedicated to « manifestations of the human intelligence ». It was the oldest regulation on the matter in the Middle East. This decree regulated the rights of the property commercial, industrial, artistic, literary and musical, and it made it possible Lebanon to adhere to two International Conventions to knowing convention of Bern in 1933 and Universal Convention about the royalty in 1959.

However the need to modify this obsolete legislative arsenal was felt more and more. Indeed, with the progress of the technology in particular of data processing and the communication, it proved that many intellectual and cultural creations were deprived of any protection, the absence of sanctions of the counterfeited acts called in question the protection system to Lebanon, a new law was to be born.

The fight against the counterfeit became a need and artistic, literary and even technological creations which represent a Lebanese potential of richnesses should be protected.

In fact also international reasons pushed Lebanon to adopt this new law, especially the need for fulfilling the requirements of the International Conventions. In spite of the accession of Lebanon in 1933 with the Convention of Bern on the protection of the royalty, Lebanon did not recognize the moral right of the author and maintained a system of formalities to be able to exert the rights.

Moreover, for adhesion with the convention of Rome in 1997, it was necessary that Lebanon sanctions the rights close to the artist-interpreters and the producers of sound records.

The most important reason was especially to allow Lebanon a forthcoming accession with the World Organization of the Trade and this required the setting in conformity of Lebanon with the agreements ADPIC (agreements on the aspects of the intellectual property which touch with the trade).

The law of April 3, 1999 is various inspirations : like Mr. Charon notes it^2(*), it is inspired partly by the law of Singapore, and in conformity with the Anglo-Saxon legislative technique because it presents whole articles of definitions^3(*).

This law is as interesting by the coexistence as it offers between the legal systems good different which are the royalty continental and that of the copyright.

We must, before entering in detail of the law, presenting a general view, the structure of the law : the text is divided into 12 chapters. Chapter I is a chapter of definition, chapter II is entitled «the works concerned with protections», chapter III determines `the holders of the royalty and the conditions of protection, chapter IV «of extended from legal protection», the chapter V «of the rights granted to the holders of the royalty», chapter VI «of the exceptions to the royalty», chapter VII the granted innovation known «right neighbors», chapter VIII specifies «the duration of protection», the chapter IX draft «of associations or of the collective trust companies», chapter X is relating to the «formalities of deposit», chapter XI relates to «academies measurements, of the applicable repairs and sanctions», the chapter XII `the transitional measures and provisional.

It is noted this text of law sanctions in his chapter VII the close rights whose object aims at protecting an investment. However the heading of the law evokes only the author's copyright and artistic, it would have been preferable to use a more general expression like that of « royalty »^4(*).

Besides this small awkwardness, we can greet the Lebanese legislator who made a main effort of synthesis by devoting a chapter to the definition of the technical terms used by the law. In addition, it is useful to underline the effort established on the level of the elaborate structure according to a logical and clear plan.  

We will successively study the various aspects of the law while working on a comparative approach with the French law.

The protection granted by this law is subjected, when with its granting, in certain conditions, which if they are joined together, grant rights to its holder.

From where neccesity to divide our study into two great sections : the first concerning the conditions of protection (section 1) and the second concerning the effects of protection (section 2).

Section 1 : Conditions of protection

We will treat in a first part, object of protection (under section 1) and in a second part of the holder of protection (under section 2).

* ¹ The institutes of the Emperor Justinien, Paris 1806, page 59, Delivers II, Titer I, para.34

* ² Christophe Charon  : royalty Lebanese  : between copyright and design personalist. The close East, legal Studies, page 8.

* ³ See for example the article 1st law.

* ⁴ Charon, op.cit page 6.