The Mechanism of Determining Originality in Intellectual Works: A Comparative Study

Abstract

At the present time, Copyright represents the most important part of the intellectual property, with its literary aspect that leads to the arrangement of the financial effects, and these effects, with their importance, have imposed the necessity of finding a legal means to preserve that scientific value, which is represented by the legal protection. That protection cannot be established unless the place of that right is characterized by an important condition, which is the condition that it is characterized by the originality. Authenticity as the rule through which this protection is imposed on the one hand, as well as giving the place of that right a description of the work subject to legal protection on the other hand. With regard to this, we find that what was discussed legislatively, jurisprudentially and judicially, was not agreed upon with regard to defining the concept of that condition, and this led to different visions about the scope of that originality.