Amongst the critical problems that face scholars in tackling the legal protection of author’s rig... more Amongst the critical problems that face scholars in tackling the legal protection of author’s right is the ambiguity of the work’s destiny after it becomes in the public domain after the term of protection elapses. That is, the Jordanian Author’s Right Law No. (22) of 1992 as amended did not indicate the legal status of the public domain in author’s right, nor did Arab scholarship designate this status in depth. For instance, is it possible to “remonopolise” the work that has become in the public domain whether this monopolization is direct through an intellectual property right or indirect through the unfair competition case? This article argues that in order to answer such a question it is imperative to determine the civil nature of public domain which has not been designated by the Jordanian Author’s Right Law, and has not been tackled by the relevant legal jurisprudence. As such, this article argues that the texts of the Jordanian Civil Law No. (43) of 1976 could be employed and...
Amongst the critical problems that face scholars in tackling the legal protection of author’s rig... more Amongst the critical problems that face scholars in tackling the legal protection of author’s right is the ambiguity of the work’s destiny after it becomes in the public domain after the term of protection elapses. That is, the Jordanian Author’s Right Law No. (22) of 1992 as amended did not indicate the legal status of the public domain in author’s right, nor did Arab scholarship designate this status in depth. For instance, is it possible to “remonopolise” the work that has become in the public domain whether this monopolization is direct through an intellectual property right or indirect through the unfair competition case? This article argues that in order to answer such a question it is imperative to determine the civil nature of public domain which has not been designated by the Jordanian Author’s Right Law, and has not been tackled by the relevant legal jurisprudence. As such, this article argues that the texts of the Jordanian Civil Law No. (43) of 1976 could be employed and...
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