مجلة القانون، المجتمع والسلطة
Volume 15, Numéro 2, Pages 238-265
2026-09-20
Challenges Of Moral Rights Of Authors In The Face Of Digitization: The Right Of Paternity As A Model
Authors : Hayia Bey Khadidja . Benaouda Leila .
Abstract
The author’s creation of a literary or artistic work by adding his personal touch grants him exclusive financial rights and other rights related to the personality that supersede it, called moral rights, which are rights that cannot be relinquished or disposed of and do not accept prescription. The author's right to have his work attributed to him, or his right to have his name and title respected, or what legal scholars call the right of authorship, is one of the most important moral rights he enjoys, as it is through it that the rest of the rights are embodied, whether they are material or moral. The Algerian legislator, following the example of his French counterpart, has established legal provisions to protect the moral rights of the author, especially the right to have his work attributed to him, in order to defend against any violation or infringement of this right through a claim of imitation or through a claim for compensation. However, the enormous technological development in the field of information and communication and the spread of digitization has made legal protection ineffective, which calls for the search for technical means to protect this right, and this is the path that the Algerian legislator must follow to confront imitation in the digital environment.
Keywords
Parental rights ; Imitation ; copyright ; authorship ; compensation
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