This study examines the applicability of the "abuse of right" doctrine in the field of the author's moral right. This right is distinguished by its special nature as it reflects and is attached to the author's personality. This makes it difficult for any person except the author to determine the actual benefits and advantages of such a right. However, when this moral right moves to the heirs, it can be a subject of conflict of interests that requires the reasonable use of this right by the heirs.
The subject of this study is dealt with under both the Jordanian and French laws. It is divided into two parts: firstly, the theoretical ground for the applicability of the "abuse of right" doctrine in the field of the author's moral rights and, secondly, the applicability of the doctrine in certain cases. The study concludes that the general rule of "abuse of right" may not be helpful in the area of moral rights and, therefore, it is submitted that there is a need for a swift legislative modification of the Jordanian copyright law so as to prevent the abuse of the author's moral rights by the heirs.
Al-Shammari, Mohammad Al-Shammari and Masadeh, Aymen
"The Abuse of the Author's Moral Rights* by the Heirs,"
Journal Sharia and Law: Vol. 2011:
45, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2011/iss45/1