The Legal Protection of the Title of the Literary Work under the Jordanian Law: The Titles of Explanation Books of the Holy Quran as a Model (Comparative Study)

Abstract

The title of the book or work forms an important part of the protected work under the Author's Rights Protection law. The title is of added importance because it is the main interface of the work that might attract the reader. The movement of writing books and works began a long time ago, and it was active in many fields, including the books classified in the science of explaining the Quran which filled up the Arab and Islamic library of a large range of creative works for Arabic language and Islamic science (Fiqh). Authors were and still are creative in drawing the characters of the title of the work in a way that fascinates the reader and attracts the listener with its music, deserving protection being a part of the work and a title thereof, by which the work is crowned and known. The positions of the various legislations have varied in terms of the protection of the title of the work. Some have required the explicit condition of innovation or originality. Others provide its protection under the exact terms of protecting the work itself provided that the title is not merely indicative of the subject of the work. Some scholars were in favor of protecting the title of the work by the rules of unfair competition. We suggest that such protection should be limited to commercial and industrial practices, and that the natural rules protecting author's rights should be sufficient, emphasizing the importance of handling this subject in detail to protect creativity and innovation for outstanding work.