Rights and Obligations of Publishers and Creators of Literary and Artistic Works, and the Manner in Which Others May Utilize Such Works in Islamic Jurisprudence, Law, Judicial Practice, and the Legal Systems of Egypt and France

Abstract

The purpose of this study is to examine the rights and obligations of publishers and creators of literary and artistic works, as well as the manner in which others may utilize such works in Islamic jurisprudence, law, judicial practice, and the legal systems of Egypt and France. The research method is descriptive-analytical and is based on library sources. The findings indicate that imprévision, or “unforeseen contingencies,” is the most significant concept related to the effects of unexpected circumstances on contractual obligations in French law. Although, as a general rule, intervention in a contract on the basis of changed circumstances has traditionally not been accepted in French statutory law or judicial practice, there has been a legislative tendency toward recognizing the possibility of contract modification in specific, exceptional circumstances—though not as a general principle—through the enactment of temporary and special statutes (e.g., see imprévision doctrine discussions in French scholarship; Dupont, 2016). Moreover, in the Egyptian legal system, judicial adjustment of contracts—including publishing contracts—has been explicitly recognized by the legislature, and the legal scholars and judicial practice of that country, following the legislator, have acknowledged judicial modification on the basis of the aforementioned theories (see comparative analyses in Egyptian civil law; Al-Sanhouri, 1990).