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Закон № 22 1992 года «Об охране авторского права» с поправками, Иордания

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Подробности Подробности Год версии 1999 Даты вступление в силу: 16 апреля 1992 г. Принят: 19 марта 1992 г. Тип текста Основное законодательство по ИС Предмет Авторское право и смежные права Предмет (вторичный) Исполнение законов об ИС, Регулирующие органы в области ИС Примечания This consolidated version of the Law No. 22 of 1992 on Copyright Protection takes into account amendments up to the following amending laws: - Law Amending the Copyright Law No 14 of 1998; - Law Amending the Copyright Law No. 29 of 1999.

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Основной текст(-ы) Смежный текст(ы)
Основной(ые) текст(ы) Основной(ые) текст(ы) Английский Law No. 22 of 1992 on Copyright Protection (as amended by Law No. 29 of 1999)        
 Law No. 22 of 1992 on the Protection of Copyright and its Amendments

IP/N/lIJORIC/lIRev.l Page 2

Jordanian Copyright Law

Article 1

No. (22) Year 1992 and anlendments

Copyright Law

This law is called (the copyright law for the year 1992), and

shall enter into effect as of the date of its publication in the

official gazette.

Article 2 :

The following words shall have the meaning assigned to

them hereunder, unless the context indicates otherwise:

The Ministry:

The Minister

Deposition:

Fixation

The center:

The Ministry of Culture

The minister of Culture

Delivering the product to the center

according to the law.

Putting the product In a permanent

physical form.

Depositary center at the national library

or any official party accredited by the

Minister.

Article 3

IPIN/l/JORIC/1/Rev.1 Page 3

a) The innovative products in literature, arts and SCience,

regardless of their kind, importance or purpose of their

production.

b) This protection includes the products which are expressed

in the form of writing, voice, drawing, photography, or

movement in particular.

1-Books and booklets and other written materials.

2-Products that are orally presented such as lectures,.

speeches and preaches.

3-Theatre products, musical and singing plays and

gesture acting.

4-Musical products whether numbered or not, or

accompanied by words or not.

5-Cinema and audio visual radio products.

6-0rawings, photography, sculpture, architecture,

applied sciences and ornaments works.

7-Explanatory photos, maps, designs and maquettes,

pertaining to geography and the land surface maps.

8-Computer programs whether in the source language

or machine language.

c) The protection includes the product title, unless the title

was a common expression to indicate the subject of the

product.

d) The literature and art products also enjoy the protection

such as the encyclopedia, the selections and collected

data, whether they were in an electronically read form or

in any other form, and formed innovative intellectual

works in terms of their contents selection or order. Also,

the groups that include selected parts of poetry, prose,

music or other, provided the source of the excerpts and

their authors, without prejudice to the rights of the authors

relevant to every product that forms part of these groups.

IPlN/] IIOR/e/l/Rev.l Page 4

Article 4 :

Is considered an author, the person that publishes the product

as being his, whether by using his name on the product, or

through any other method, unless there was an evidence to

otherwise. This applies to the assumed name (nick name)

provided that there is no doubt about the real character of the

author.

Article 5

Without prejudice to the copyrights of the original product's

author, he shall enjoy protection and be deemed an author for

the purposes of this law:

a) Whoever translates the product into another language or

transforms it from a form of literature, arts, or science to

another form, or summarizes it, converts it, arnends it,

explains it, comments on it or indexes it, or other ways

that display it in a new form.

b) The performer that presents to the public an artistic work

set by others whether this performance was through

singing, playing, rhyming , orating, photographing,

drawing, movements, steps or ant other way.

c) The authors of the encyclopedia, the selections, collected

data and the groups covered by protection under this law.

Article 6

If a product was innovated to the account of another person,

the copyrights will belong to the innovative author unless

otherwise agreed in writing.

Article 7 :

IPIN/l/JORJC/1/Rev.l Page 5

The protection stipulated under this law does not include the

following products unless the groups of these products were

characterized by a personal effort comprising innovation or

order:

a) The laws, regulations, judicial jUdgements, the decisions

of the boards of directors, the international agreements

and all official documents, and official translations of

these products or any part thereof.

b) The published, broadcast or publicly notified news.

c) Products that became public property . The national

folklore is considered public property for the purposes of

this article, provided that the minister applies the

copyrights for these products when facing distortior

modification or damages directed to the cultural interests.

Article 8

The author alone:

a) Has the right to have his product attributed to him, and to

mention his name on all the produced copies whenever

that product is presented to the public, unless the product

was mentioned by chance during a relay of the news

about current events.

b) Has the right to decide upon the publication of his produ

and to choose the method of publication and date thereof.

c) Has the right to introduce any amendments to his product

whether by changing it , editing it , deleting from it or

adding thereto.

d) Has the right to defend any aggression on his product and

to prevent any distortion, modification thereof or any other

amendment thereto, or any encroachment thereon that

IP/N/1/JOR/C/1/Rev.l Page 6

would prejudice his reputation or honor. However, in the

event of the occurrence of any deletion therefrom, change

therein, addition thereto, or amendment thereto in the

translation of the product, the author shall not have the

right to prevent it , unless the translator omitted to

mention the location of this amendment, or the translation

affected the author's reputation and his cultural or artistic

status or violated the content of the product.

e) The right to withdraw his product from circulation if there

were serious and legitimate causes therefor. In this case,

the author shall be held liable to fairly compensate the party

to whom the rights of financial exploitation were assigned.

Article 9

The author has the right to financially exploit his product in

any way he chooses, and no one but him has the right to

exercise this without a written approval from him or his

successor. This includes:

a) The right to print, broadcast and produce his product.

b) The right to copy his product in all the physical forms

including photography, cinema, or recording.

c) The right to translate his product to another language, to

musically adapt or distribute it or effect any modification

thereto.

d) The right to permit the use of a copy or more of his product

by people that exploit it in leasing or lending works, and

other works relevant to submitting the product to the

public.

e) The right to submit his product to the public through

reading, presenting, display, acting, radio or television

broadcast, cinema playing or any other method.

Article 10

In spite of the Article (9) herein:

IPIN/l/JORlC/l/Rev.l Page 7

a) Any Jordanian citizen has the right to obtain a non-

restricted and non-assigned to others permit by the

minister or whomever he delegates , to translate any

foreign product published in a printed or any other form to

the Arabic language, and to publish this translation in a

printed and any other similar form, three years after the

date of the publication of this product, and provided that a

translation thereof was not published in Jordan by the

owner of the right to translate or with his consent, or in the

event of the exhaustion of the translated copies.

b) Any Jordanian citizen shall have the right to obtain a non-

restricted license and non-assigned to any other party, by

the minister or whomever he delegates to copy and

publish any of the following published products,

according to the following conditions:

1- The elapse of three years following the date of the

first publication of any printed product on

technology, natural SCiences, physics, or

mathematics, or the elapse of seven years following

the first publication of poems, plays and musical

works, art books and stories, or the elapse of five

years following the first pUblication of any printed

products.

2- Provided that no copies thereof were distributed Itl

the Kingdom to meet the needs of the public or for

school or university education through the copyright

owner or with his consent, for a price proportionate

to the prices of products similar thereto in the

Kingdom.

3- Provided that the published copy is sold according to

the provisions of this item for a price equal or less

than the price stipulated in item (2) of this paragraph.

IPINIlIJORICIlIRev.l Page 8

c) The translation permits stipulated in paragraph (a) of this

Article are only granted for the purposes of school,

university education or researches, as for the copies

stipulated in paragraph (b) of this Article, they are only

granted to be used in the school or university education.

d) When granting translation or copy permits, the originCJI

author of the product that was translated or copied shall

be entitled to a fair compensation, proportionate to the

copyrights standards accredited in the optional licensing

contracts, between people in the kingdom and people in

the author's country.

e) The conditions and procedures for granting permits stated

in this Article are determined by virtue of regulations

issued for this purpose.

Article 12 :

The copyright for any product may not be impounded,

however, published copies of the product may be

impounded, but the product whose owner dies before

its publication may not be impounded unless :(t was

proven that he has consented before his death to its

publication.

Arti c Ie 13

The author may dispose of the financial exploitation rights of

his product, provided it is in writing, and that he explicitly

states in details every right that can be disposed of, while

indicating its extent, purposes thereof, as well as the duration

and place of exploitation.

Article 14 :

IPINIlIJORIC/l/Rev.l Page 9

Is considered null and void the author's disposition of his

total future intellectual production.

Article 15 :

The transfer of the ownership of the original copy of a

product or of a unique copy or several copies ther·eof to

others does not include the transfer of the copyright of this

product to the others. However, whoever owns this copy or

copies thereof shall have the right to display them to the

public without being committed to enabling the author to

copy, transfer or display them, unless agreed otherwise.

Article 16 :

The copyright of the author of the photography product does

not entitle him to prevent others from taking a picture or

more of the same thing subject-matter of the product, even if

the picture or the new pictures have been taken from the

same place, and under the same conditions in which the first

photography was taken.

Article 17

The products published without the permission of the author

may be used according to the following conditions and

situations:

a) Presenting the product, displaying it, acting it or rhyming it

if it happened in a private family meeting or in an

educational, cultural or social institution for clarification

for educational purposes. The musical groups affiliated to

the State may rhyme the musical products, provided for all

this that this does not result in any financial return, and

that the source and author are mentioned in it.

IPINIl/JORICllIRev.1 Page 10

b) Using the product for personal use, by making one copy

through photocopying, recording, photography,

translation or musical distribution, provided in all this that

it does not violate the ordinary exploitation of the product,

and that it does not cause any unjustifiable damage to the

legitimate interests of the owner of the right.

c) To depend on the product in clarification in education

through printed materials, programs, audio visual and

voice recording for educational, cultural, religious

objectives or vocational training, within the limits requirec

for fulfilling these objectives, provided that the aim of

depending on the product in this case is not lucrative, and

that the name of the product and its author are mentioned.

d) To quote paragraphs from the product in another product

for the purpose of clarification, explanation, discussing,

criticizing, educating or testing in as much as justifiable by

this objective, provided that the name of the product and

its author are mentioned.

Arti c Ie 18

The newspapers and periodicals may not relate episodes of

stories and short stories and other products published in the

other newspapers and newsletters, without the consent of

their author. However, the newspapers may relate articles of

political, economic and religious nature published in other

newspapers which preoccupy the public opinion, unless it was

stated in the newspaper in which those articles were published

that they are not to be explicitly related, provided that in all

cases the source from which they were relayed is mentioned.

Arti cIe 19 :

IP/N/lIJORIC/1/Rev.l Page 11

The newspapers and other media means may publish

without the authorization of the author the speeches,

lectures, talks and other similar products that are publicly

presented or addressed to the public, provided that in all

these cases the product and its author are mentioned, and

that the author of any of these products publishes it in one

printed material, or in any other manner of form he chooses.

Article 20 :

Public libraries and non-commercial documentation centers,

educational institutes, scientific and cultural institutions may

copy any product by photocopying it without the permission

of the author, provided that the photocopies and the number

of photocopies are limited to the need of those institutions,

and that this process does not damage the copyright of the

product's author, and that it does not violate the ordinary

exploitation of that product.

Articl e 21:

The author's heir alone have the right to decide to publish his

product that was not published during his life unless the

author had bequeathed its non-pUblication or determined the

time during which it can be published, and his will has to be

abided by.

IP/N/liJORIC/1/Rev.l Page 12

Article 22

The author's heir alone have the right to practice the financial

exploitation rights stipulated herein for that product, provided

that if the author has contracted in writing during his life with

others concerning the exploitation of his product, this

contract has to be implemented according to its conditions.

Also, if more than an author have taken part in authoring the

product, and one of them dies without leaving an heir, his

part of the product will be equally given to the remaining

authors participating in authoring it , unless otherwise

agreed upon in writing.

Article 23

a) Subject to Article (17) herein

l-The performer shall prevent others from establishing

his non-established performance, copying or

establishing his performance or broadcasting it

using telecommunication means, and conveying it to

the public without his approval.

2-The radio and television corporation, or the owner of

the right, the author have the right to prevent others

from establishing the non-established radio

programs, or copying I.e. establishing these

programs or sending them using telecommunication

means or conveying them to the public through the

television broadcast without the approval of that

body or the owner of the copyright.

b) The producers of voice recordings or their successors or

IP/NllIJORICllIRev.l Page 13

whoever has any legal right pertaining to the vOice

recording have the right to permit or prevent the direct or

indirect copying of their voice recording, or lease the

original copies or other copies to others for commercial

purposes.

c) The copyrights of the performers and producers of voice

recording shall be valid for fifty years starting from

January first of the year that follows the year in which the

performance or establishment of the recording took place,

according to the situation.

d) This applies to the radio programs broadcast by any radio

or television corporation for twenty years starting from

January first of the year that follows the year in which the

program was broadcast for the first time.

Article 24 :

The official television and radio corporations may prepare for

their programs and through their own means a non-

permanent recording of any product they are licensed to

broadcast or display provided they destroy all the copies of

the product during a period of not more than one year as of

the date of preparing those copies, unless the author agrees

to extend this period. Excluded from this are the copies of the

products that are of a documentary nature, and provided that

not more than one copy of each of them is kept.

Article 25 :

Whoever made any picture shall not have the right to display

the original of that picture, publish it , distribute, display it or

display copies thereof without the permission of whom it

represents. This provision shall not be valid if the publication

of the picture occurred due to accidents that publicly occurred,

or the picture concerned official men or publicly famous men,

IPINIlIJORICIl/Rev.l Page 14

or the public authorities permitted their broadcast to serve the

public interest, provided in all cases that no picture shall be

displayed, published, distributed or circulated if this would

entail prejudice to the honor of whomever it represents, or his

dignity, reputation or social status. However, the person that

the picture represents may authorize its publication in the

newspapers and magazines and other mass media even if the

person who made the picture did not authorize this, unless

otherwise agreed . These provisions apply to pictures

regardless of the manner they were made whether by

drawing, engraving, sculpture or any other manner.

Article 26

If any product did not carry the name of its author or carried

an assumed name, the publisher of that product is

considered authorized de jure by the author to practice his

rights stipulated in this law until the author declares his

character and proves it .

Article 27

If the heirs of the author of any product, or any person that is

considered a successor to him according to the situation, did

not practice their rights in financial exploitation of the

product, the minister may practice those rights to publish the

product or republish it if the heirs or the successors did not de

that during six months of the date of the written notification

sent to them by the minister, without prejudice to the right of

the successor or heirs to a fair compensation for the

publication or republication of the product, provided that the

pu blicatio n or re-pu bl icatio n serves the pu bl ic in te rest.

Article 28 :

IPIN/lIJOR/C/l/Rev.l Page 15

The author has the right to dispose of OilY of his rights in the

product based on participation with others, with a part of the

income or profit resulting from the financial exploitation of

the product by the others. Provided that he has the right to

obtain an additional part of that income or yield, if it wa'

found that the expenditure for the exploitation of his product

was not fair, or became like this for reasons and conditions

that were concealed at the time when the contract was

concluded or occurred after that.

Article 29 :

The author of the original plLlstic or[ products, original

musical and literary products or his heirs have the right to

participate in the yield of every auction sale process of these

products that follows the first assignment thereof by the

author; and the regulations determine the conditions for

practicing this right, and the rate of participation in the sales

yield, and the method of their collection. Any agreement or

arrangement concluded or held contrary ~iJ the provisions of

this Article shall be considered null and void, provided that

this provision does not apply to the products of architecture

and applied sciences.

Article 30 :

The period of protection sholl apply to the financial rights

of the author stipulated herein during the life of the

author and for fifty years after his death, or after the death

of the last one alive of those who participated in

authoring the product if there were more than one author

. For the purposes of calculating the protection period, the

date of death shall be deemed to have occurred on

January first of the year that follows the actual date of

death of the author.

IPINIlIJORICllIRev.1 Page 16

Arti cIe 31

The protection period of the products shall apply for fifty

years as of the date of their publication, provided that the

calculation of this period starts from January first of the year

that follows the actual date of their publication:

a) The cinema and television production products, provided

that in the event of their non-publication with the approval

of the copyright owner during fifty years of the date of

completing that product, the period of protection shall

apply as of the date of their completion which is

considered to be the first of January of the year in which

the actual completion of the product took place.

b) Any product which author or owner its copyright is a

corporeal person.

c) The product that is published for the first time after the

death of its author.

d) The product that does not carry the name of its author, or

carries an assumed name, provided that if the author

revealed his identity during the protection period, the

period of protection will start from the date of the death of

the author.

Article 32 : The protection duration of the following products shall apply

for twenty five years as of the date of their completion which

is considered January First of the year that follows the year in

which the actual completion of the product took place:

a) The photography products.

b) The applied sciences products.

Article 33

IPINIlIJOR/ClliRev.l Page 17

a) The product shall be deemed published as of the date of

its placement at the disposal of the public for the first

time, and its republication is not considered for this

purpose unless the author introduced basic

amendments when republishing it due to which it can be

considered a new product.

b) If the product comprises a number of parts or volumes

published at different times, every part or volume is

considered an independent product concerning the date

of publication.

Article 34 :

a) After the elapse of the protection period stipulated herein

for any product, or when no heirs to its author nor

successor are available before the elapse of the protection

period, the product will be considered public property so

that any person will have the right to print it, publish it or

translate it if it was printed it, published or translated

before.

b) If the product stipulated in paragraph (a) of this Article was

not printed, published or translated before becoming

public property, no right in it may be exploited including

printing it, publishing it or translating it unless by a license

of the minister. This licensing shall apply for fifteen years,

provided it is considered cancelled if its owner did not use

it during one year, or if he started to do so then stopped for

one whole year

IPINIlIJORlC/l/Rev.l Page 18

Article 35 :

a) If more than a person took part in authoring one product so

that the share of everyone of them in authoring could not

be separated, they would all be considered equal owners

of the product, unless otherwise agreed. No one of them

may in this case practice the copyright in the product

unless they all agree to that, and each of them has the

right to institute an action in the event of any

encroachment upon the right of the author.

b) However, if it was possible to separate the share of

everyone of the people taking part in authoring the

product from the share of his partners, each of them will

be entitled to exploit the copyright in the part he

contributed in authoring, provided that this does not

prejudice the exploitation of the product itself or the rights

of all the partners in the product, unless agreed otherwise.

c) If a group took part in authoring a product under the

directives of a natural or corporeal person, and it is called

a collective product, and this person was committed to

publishing it in his name and under his administration,

whereas the work of the participants in it was integrated

in the public objective targeted by that person from the

product or the idea he created it for, so that the work

carried out by each of the participants in authoring the

product cannot be separated or distinguished , the

person that directed and organized the innovation of the

product shall be considered an author thereof, and has

alone the right to practice the copyright therein.

Article 36

a) The employees of the copyright office at the national

library department authorized by the minister are

considered judiciary officers during their implementation

of the law.

IP/NllIJORlC/1/Rev.1 Page 19

b) In the event that there was any suspicion indicating the

occurrence of any violation of this law in any place that is

in charge of printing the products, copying them,

producing or distributing them, the employees of the

copyright office shall have the right to inspect this place,

seize the copies and the materials used in committing

these infractions and refer them with their perpetrators to

the court, and the minister has the right to ask the court to

close down the place.

Article 37 :

a) Is considered a partner in authoring the cinema, radio and

television products :

1- The scenario author, or the owner of the written idea

of the program.

2- Whoever modified the existing literary product in a

manner that renders it suitable for implementation.

3- The dialogue author in the cinema, radio or television

product.

4- The composer in the cinema, radio or television

product.

5- The product producer if he actually started to control

its implementation, and he made something

intellectually positive to realize the product.

b) If the product was a simplified form of another previous

product or one extracted from it, the author of the

previous product would be considered a partner in the

new product.

c) The scenario author of the literary product, and whoever

modified it, and the author of the dialogue in it and its

IPIN/1/JORlC/l/Rev.l Page 20

producer, have jointly the right to display the new product

without that the author of the original literary product or

the music composer has the right to object to that,

provided that this does not prejudice the rights incurred

to him for authoring the product or composing it . Each of

the author of the literary part and musical part in the

product, has the right to publish the part he owns in any

other manner than the cinema, radio or television unless

otherwise agreed.

d) If any of the participants in the authoring of a product

refused to do what he has to do or to complete the work

required of him, this will not result in preventing any of

the other p~lrticipants in the authoring of the product,

from using the part he has completed therein, provided

this does not prejudice the rights incurred 10 an\' of them

due to their participation in the product.

e) Is considered a producer of the cinema, radio or television

product the person that implements this product or

shoulders the responsibility of this implementation, and

places at the disposal of its authors the physical and

financial means for producing the product.

f) The producer of the cinema, radio or television product is

considered a publisher thereof, and shall have all the

publisher's rights for the product and copies thereof, and

he shall be throughout the whole agreed upon period for

exploiting the product acting on behalf of all its authors

and their successors in contracting with third parties for

the display and exploitation of the product without

prejudice to the rights of the authors of the other quoted

literary and musical products, unless it was otherwise

agreed upon in this paragraph.

Article 38

IPINIlIJORICllIRev.l Page 21

Subject to the provisions of Article (45) herein, every product

published or printed in the Kingdom for a jordanian or non-

jordanian author shall be subject to the deposition provisions

stipulated herein. Moreover, every product published or

printed outside the Kingdom for a Jordanian author shall be

subject to these provisions if distributed in the Kingdom.

Provided that the deposition takes place for free before

displaying the product for sale or distribution inside the

Kingdom, and the deposited copies of the product when

,reprinting it are in conformity to the deposition provisions by

virtue of this law.

Article 39 :

Each of the author and publisher of the product and the owner

of the printing house where it was printed, and the producer

and distributor thereof shall be responsible for its deposition.

Moreover, the importer of any product or his representative

shall be responsible for depositing the product th;:l! was

printed, published or produced outside the Kin~Jdom for a

jordanian author.

Article 40 :

Every product shall be given a special deposition number,

and the center shall deduce the technical data from the

product for the purposes of indexing and classifying the

printed products according to the rules followed in this

respect. These data are delivered to the person concerned to

affix them on the produc.

IPIN/l/JORlC/l/Rev.l Page 22

Article 41

Each of the author of the product, if he is a writer, and its

publisher as well as the owner of the printing house where it

was printed shall be responsible for affixing the indexing,

classification data, and the deposition number of its date on

the back of the page of the product's address. As for tile

products that are not books, the deposition number shall be

affixed in any apparent place of the product.

Article 42 :

Every printing house or party in charge of printing the

product, publishing , producing or c1istributillg it in the

Kingdom shall present every six months a statement with the

products that it printed, published, produced or distributed

according to the form prepared by the center for this purpose.

Article 43 :

The center issues periodical bibliographic data in the form of

lists including the products that were deposited at th e cen ter

. It also is in charge of the bibliographic information in this

respect.

Article 44 :

The center organizes a unified index to define the products

available at the libraries, the information and documentation

centers at the Kingdom stating in it the place in which every

product is , as well as the libraries and the information and

documentation centers included in the unified index, and thl

commitments and duties required of them by a decision of

the minister.

Article 45 :

IPINIlIJORlC/I/Rev.l Page 23

The non-deposition of the product does not violate the

author's rights stipulated herein.

Article 46 :

a) The court may, upon the request of the owner of the right,

or any of his heirs or successors, take the following

actions concerning a product in which the copyright was

violated or any of the rights stated in Article (23) herein,

provided that the request includes a detailed and

comprehensive description of the product:

1- To order the halting of the violation of the product or

any part thereof.

2- To confiscate the product, its copies and pictures and

any mi?terials used in copying, provided they are not

useful for anything else.

3- To confiscate the exploitation revenues of the

published product through public performance.

b) The request may be submitted before and after the

institution of the lawsuit.

c) When proving that the person placing the request is the

owner of the copyright. and that his rights have been

violated or about to be violated, the court may take any of

the actions stipulated in paragraph (a) of this article in a

reserved manner to prevent the violation from occurring

or in order to maintain a proof related to the violation

deed.

d) In the cases In which the delay may cause irreparable

damage to the owner of copyright, or in the cases'

involving risks that can be proven with the loss of

evidences related to the violation deed, the court may take

IP/NllIJORICIlIRev.l Page 24

any of the actions stipulated in paragraph (a) of this Article

in a reserved manner, without notifying the defendant and

in his absence. The injured parties are notified by the

court about the measures taken as soon as they are taker

The defendant may ask for a hearing to hear what is being

said during a reasonable period of time after being

notified of the measure. The court has to decide in this

hearing whether the reserved action was to be confirmed,

amended or cancelled.

e) The request for a reserved action should be accompanied

by an adequate financial guaranty according to

paragraphs (c) and (d) of this Article to prevent

arbitrariness and to guaranty any damages that the

Defendant may incur if the Plaintiff's claim was not

grounded.

f) Based on the request of the Defendant, the reserved actions

taken are cancelled before instituting a lawsuit accordil

to paragraphs (c) and (d) of this Article if the lawsuit was

not instituted in a period of eight days of the date of

issuance of the court order to take the action.

g) In the cases where the taken reserved action is cancelled

according to the paragraphs (c) and (d) of this Article, due

to the elapse of the period for instituting the lawsuit or

because of the Plaintiffs default, or it was proven that

there was no aggression or risk of aggression, upon the

request of the Defendant, the court may order a suitable

compensation for the damages resulting from these

actions.

h) The court may order the claimant, who arbitrarily asked for

the actions stated in this article, to compensate the party

against which the action was taken an adequate

compensation for the damage he incurred as a result of

this arbitrariness.

Article 47

IP/N/liJOR/C/1/Rev.l Page 25

a) The court may, upon the request of the author or any of his

heirs or successors, rule to destroy the product's copies or

the picture taken of it, which was illegitirnately published

and the materials used in publishing it, and it may instead

of destroying them, rule to change the features of the

copies, pictures and materials or render them unfit for

use. However, if the court discovers that the author's

copyright in the product elapses after two years of the

date of the judgement becoming absolute, it may rule

instead of that to affix the impound to honor the

compensations ruled for the author.

b) The court may not rule to destroy the copies of any

product or pictures taken from it or to change their

features if the dispute was about the translation of the

product into the arabic language. The court's order in this

case should be restricted to impounding the product, its

copies or the pictures taken from it according to the

situation.

c) The court may order the confiscation of the product or the

copies thereof, and the materials used in producing it and

selling them within the limits that would be adequate tr

compensate the author for the damages he incurred,

instead of destroying those copies, changing their features

or destroying those materials.

d) The buildings and the SCUlpture, drawings or ornaments

and architectural forms on it may not be impounded, and

a ruling may not be issued to destroy them, or change

their features, or confiscate them for the purpose of

preserving the architectural rights of the author whose

designs were used for the building and drawings in an

illegitimate manner, provided he honors his rights for a

fair compensation of that.

IPIN/l/JORlCI1!Rev.l Page 26

Arti cl e 48 :

Subject to Article (47), a ruling may be rendered to reinstate

any product whose author's rights were violated, to its

pervious state, including the introduction of any amendment

thereto, or deletion of parts thereof to accomplish thut

purpose.

Article 49 :

The author whose rights in his product were violated under

this law, has the right to obtain a fair compensation for that,

provided that the cultural status of the author, and the

literary, scientific or artistic value thereof are taken into

account when evaluating the said compensation, and the

extent of benefit that the aggressor obtairJed from exploiting

the product. The compensation awarded to the author in this

case is considered an excellent debt on the net selling price

of things that were used in the violation of his right and the

sums impounded in the lawsuit.

Article 50 :

The court may, upon the request of the judgement creditor,

decide to publish the ruling it renders by virtue of this law in

one or more local daily or weekly newspapers at the expense

of the judgement debtor.

Article 51:

a) Shall be sentenced to prison for a period of not less than

three months and not more than three years, and for a

fine of not less than one thousand Dinars, and not more

IP/NIIIJOR/C/l/Rev.l Page 27

than three thousand Dinars, or to one of these two

punishments:

1- Everyone who practiced without a legal deed one of

the rights stipulated in Articles 8,9,10,23 of this law.

2- Everyone who displayed for sale, circulation or lease

an imitated product, or copies thereof, or broadcast it

to the public as being imitated in any manner

whatsoever, or entered it to the Kingdom or taken it

out of it, knowing it is imitated.

c) In the event of repetition of any of the crimes stipulated in

para (a) of this Article, , its perpetrator shall be sentenced

to the maximum imprisonment sentence and to the

highest fine. The court in this case may rule to close down

the institution in which the crime was committed for a

period of not more than a year, or to stop its licensing for

a certain period or indefinitely.

Article 52 :

Everyone who violates Articles 38,39,41,42 herein shall be

sentenced to paying a fine of not less than five hundred

Dinars, and not more than one thousand Dinars . This

sentence shall not exempt him from implementing the

provisions stipulated in those Articles.

Article 53 :

a) The provisions of this law shall apply to the products of the

jordanian and foreign authors that are published or not

published and are expressed in any of the methods

stipulated in paragraph (b) of Article (3) inside the

Kingdom, and to the products of jordanian authors

published or not published and expressed ill (my of the

methods stipulated in paragraph (b) of Article (3) outside

the Kingdom.

IPINIlIJORlC/IlRev.1 Page 28

b) Subject to the provisions of the international agreements

pertaining to the copyrights, and in the event of their non-

applicability, the principle of equal treatment is taken into

consideration. The provisions of this law shall apply to

the products of the foreign authors that are published or

not published and expressed in any of the methods

stipulated in paragraph (b) of Article (3) herein outside the

Kingdom.

c) For the purposes of applying the provisions of this Article,

the authors residing in any of the member countries of the

international agreements on copyrights to which Jordan

has adhered, even if they are not citizens thereof, shall be

treated as citizens of the Kingdom. Moreover, this Article

shall apply to the owners of the rights stipulated in Article

(23) herein.

Article 54 :

The law shall apply to the existing products at the time of its

enforcement, with the exception of Articles 41, 42, 51 and 52,

whose provisions shall only apply to the facts and deeds that

take place after the enforcement of the provisions of this law.


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