Evaluation of moral rights protection in Egypt

Abstract

... Although Egypt belongs to the droit d’auteur tradition and moral rights were specifically recognised in its first Author’s Rights Law of 19541 (‘the 1954 Law’), there is a dearth of scholarly works and case law on the protection of moral rights.2 Neither the nature nor the function of moral rights was meaningfully discussed in the travaux préparatoires of the 1954 Law. This seems to have misguided Professor Sanhuri, who was one of the drafters of that law, to conclude that the legislature intentionally refrained from choosing between the monism and dualism theories of moral rights protection.3 It should be noted that the provisions of the 1954 Law and its successor, the IP Code of 2002,4 support the view that moral rights are a subset of personality rights.5 To that end, they are purposely characterized as inalienable and imprescriptible.6 In case of a conflict between moral rights and economic rights, the former prevail. Furthermore, a teleological interpretation of the moral rights provisions may render Professor Sanhuri’s view inaccurate. By granting moral rights perpetual protection, the legislature has undoubtedly followed the dualism theory of French law and rejected the monism theory of German law.7