[halshs-01101969] « Tilâwit le Coran » en Égypte, entre droit d’auteur et droits voisins (À propos de l’affaire du Cheikh Abdel Bâsit Abdel Samad) : Contribution à l’étude de la conception arabo-musulmane de la propriété littéraire et artistique

Tilâwat or reciting the Qur’an is it eligible for copyright as a product of the intellect? Is it a performance protected by the neighboring rights so that the person who recites the Qur’an can be attributed the quality of artist-Sheikh-performer? Nothing is less certain. Tilâwat the Qur’an as a « specific unnamed creation and unique one of a kind » provides without doubt fertile ground for exploration in terms of law of literary and artistic property which calls for a very special legal treatment. In a famous, resounding and symbolic case relating to the recitation of the famous Sheikh Abdul Basset Abdel Samad, Egyptian jurisdictions had the opportunity to examine, for the first time and in one of the rarest conflicts, this issue. Indeed, this case is testing the delicate balance of the law of literary and artistic property with religion. Moreover, it has the merit of showing that several significant factors are involved in the formation of the law of literary and artistic property so that specific aspects such as culture and the Arab-Muslim Civilization among others contribute to the emergence of an Muslim-Arabic concept of literary and artistic property. Indeed, if the Muslim-Arabic culture is a social fact, then the literary and artistic property itself in this way can only be a (socio) literary and artistic property.



from HAL : Dernières publications http://ift.tt/1B37ntL