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Author’s Financial Rights: Comparative Study between Jordanian and UK Laws 

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Author’s Financial Rights: Comparative Study between Jordanian and UK Laws
The purpose of this research thesis is the comparison of the given legal frameworks: Jordanian Law and UK law while emphasizing on the differentiating factors and highlighting its impact on economic rights of the author. The comparison is made between the Jordanian Author's Rights and Statutes as latest amended in 1992 : Law no- 22 (Based on it) and the UK's Copyright, Designs, and Patent rights in response to the interest of the authors economic and moral rights. The examination of the proper execution and resultant effect of the laws in protecting authors' rights encompasses studying the nature and legal status of the civil and political rights at stake by any loophole or an ideal situation, also pondering upon the jurisdictional limitations and the copyright protection laws, the conveniences and penalties and other legal ways of protecting the rights of others in unwritten laws particularly in UK. As such, this research proposal would adopt a comparative structure in analyzing the similarity and differences between the two types of rules, thus suggesting the people and the government to enhance or modify the flaws and restricting any other conditions(CIPE Development Blog, 2014).
The research proposal is divided into three sections, the background information of the thesis of study, the literature comparison of the study to those of other scholars of the same and the scholarly methods used in the study. Such would be in line to give the analytical framework of the study.
Jordanian law has convenient provisions granted to authors, upon any mishap in rights. The diversities and variance in laws similar to some extent in both countries are the result of the similar art structures in them. Many examples can be drawn to justify this statement. It is hence in the interest of this research that the project would examine the position of interest for the affected industries as well as the statutory bodies' positions in realigning the mismatches in the law. Therefore, this research proposal proposes a view of future study that compares the state of Author's Economic Rights as given in the Jordanian and UK laws thus, emphasizing a rare insight.
CHAPTER ONE: INTRODUCTION
1.1 Background Information
Both the moral and economic rights of the author prove to be flawed when such cases of incompetent policy or a loophole when considered. They are considered by many as some elements of the law are unable to be assistance and rightful. However, the UK law has not been incomprehensive. Dated back to 1710, giving moral support and financial promise to the learned fellows in UK was the primary goal of the Statute of Anne, 8 Anne, c.19 of 1710. This statute gave the foundational support of the world in dealing with cases of authors' infringement of their ownership and entitlement rights stated by the act of Parliament of Great Britain. The law regulates copyrights by restricting copywriting under prescribed rules and regulations by the government(Copyrighthub.co.uk, 2015). It was under the control of private parties or acts prior to such amendment. The origin of the law seemed somehow sophisticated. The Star Chamber of 1586 banned people, in teaching a profession or not from using others' written ideas without consultative permission from the authors. This, therefore, explains that the leading assumption in UK art history that copyright notion had its roots from the censorship docket could be misleading information. This claim does not only match the historical development of authors' right laws but also do not match the Anglo-Saxon tradition of copyright.
The discussion here forth focuses on the current UK's authors' right in comparison to the Jordanian perpetrators'' rights. Both laws were developed over time with the development of the complexity in the arts industry, authors' aggressiveness periodically. Nevertheless, the law restricts the jurisdictional recognition of the perpetrators' economic rights in the context of originality and authors' moral rights. The primary objective of the UK law is to give an outright control to authors over any financial potentiality of their books but in the reach of the legal framework detailed by the law(Equalityhumanrights.com, 2015). This implies that authors would only make financial gain and control over their books if the proceeds of sale and hire are legally done by devising a perfect sales strategy prohibiting any piracy. Otherwise, it will give space to the breach of law.
Of all these, most crucial point is to educate the scholars about the existence of such a law. This is what would give the reason for legitimate copywriting and thus, the research done would be worthy. The research would also contained in understanding the legal meaning of who an "author" is as per the legal definition and such has been discussed in some of the referenced journals highlighted. As in the case of UK printing technology, the National Legislation was assigned the duty of outlying the relatively straightforward but confusing issues in the matter. As such, the government has been trying to establish a distinct framework for the law to facilitate the author. The more the fundamentals of the matter are understood, the better the implementation of the case would be as piracy being the prime issue and plagiarized content is becoming pre-dominant. This is what makes the difference between Jordanian authors' financial rights and the UK author's financial rights...
Jordan on its side has overseen a series of development in its authors' right in an attempt to provide more a secure protection of authors' against the financial infringement. The details of the amended clauses are contained in the Jordan Law No. 14 of the 1988 Amendment of Copyright Protection Law. This section of the law acts as the housing clause that contains the authors' financial rights. The law provides a provision through which the law protects the financial interest of authors. Similarly, it gives the exempted cases to which the financial rights would not apply in accessing of any business proceed by the authors.
In the same manner as the UK Law, the Jordanian Law equally gives a motivation to writers through protecting their financial interest in their books and articles in the states of the Hashemite kingdom and more. The law provides an inclusive economic right to authors both in proceeds gain and against unauthorized copyright in Jordan(Heritage.org, 2015). The Jordanian law provides legal protection for financial right of authors of all items and literature works in its territories. However, the anti-copying laws is exempted in writings such as official documents, language thereto documents, any form of decision, multipurpose and universal agreement documents, judicial rulings and any form of statutory and public service agreement made in writingin Jordan on the basis of the range of works needing copyrights is discussed by leading authors. These materials owe no anti-copying right since they are accessible to any person as a right so long as the interest of need by the individual is official and legal. The Jordanian law and UK law has a resonating similarity.
The research study would hence be carrying a comparative study on the two type of laws, Jordanian and UK laws as far as authors' financial rights are concerned. This would be achieved by first doing a self-assessment for each law to identify the unifying and the differentiating proponents of the law. Therefore, the research proposal prepares a comparative analysis of the authors' financial rights as entailed in the UK and Jordanian laws.

1.2 Statement of Problem
The need to protect the financial interest of authors has been felt now than never before. This is due to increasing cases of copyright and fault representation that has continued to deny valid authors their right to access financial fortune from their books. However, the outstanding performances of legal measures to safeguard the financial interest of authors are robust ranging from statutory creation, legal awareness and organizations and union’s interest in doing the same(http://www.jordanembassyus.org, 2015). Nevertheless, this case of authors' financial interest has been different in Jordan as it is UK. The later foreruns a fully developed legal system in safeguarding the financial interest of the perpetrators but faces a challenge of legal implementation of the laws due to the complexity of the matter. On the contrary, the former suffer a blow of undeveloped legal framework that cannot match the rapidly growing cases of financial interest violation to the authors. It is hence the concern of the respective countries to ensure that proper legal measures, as well as implementation, are put in place to protect the financial right of authors. Good punishing legal requirement is yet to be produced in both countries.
This study is hence meant to establish analytical comparison in the protection of authors' financial rights as provided by the UK and Jordanian laws. As such, it aims to examine the similarities and differences in the two countries laws in providing statutory solution to infringement of authors' financial rights.
1.3 General Objectives
To compare and contrast the UK and Jordanian laws in protecting authors' financial rights thus provide a framework devoid of imperfection and a loophole giving rise to criminal activities(Law.unimelb.edu.au, 2015).
1.5 Research Questions
What is the position of each country in protecting authors' financial rights?
Which country has a better legal framework for protecting the financial rights of authors? Sources are implied at the end.
Does the country's legal foundation comply with the international copyright and evaluation?
1.6 Scope of the Study
The research will compare and contrast the legal position of UK and Jordanian laws in protecting the financial rights of authors in their respective countries. As such, the study would take a jurisdictional survey of the UK legal system and all acts relating to the financial interest of authors. With such, we would be examining the fundamental interest and measures already put forth the UK legal system in ensuring that authors of books and articles can enjoy the fruits of their work. Such would include statutory, written law and unwritten moral practices and rules used to safeguard the interest of these people. The same would also apply to Jordanian law.
. The study would then conclude by superiorly ranking the two countries in priority of their authors' financial rights and give a legal recommendation for the minor country to assist it in upgrading the laws to ensure effective authors' financial rights done by careful scrutiny and amending strict laws evading such issues(Legal.un.org, 2015).
1.7 Significance of the Study
This study offers an opportunity as a case study for scholars to be able to examine the legal measures put in place by countries to answer to some of the social problems facing the country. As a comparison case study, it also gives an opportunity to compare and contrast laws of two states with the intent of learning analytical skills.
1.8 Assumptions and Limitations of the Study
The study makes various assumptions based on the differences in social, economic and political levels by the countries. Such include assuming the uniformity in social and economic position of the countries. The study would only take into consideration the political differences between the countries since it is formulation ground of the laws under review. These assumptions held for the sake of the study results into the limitations of the study.
The study would overlook the distinct economic differences between the countries as a factor influencing financial rights of authors. In a more detailed survey research, economic variable would be incorporated into the study give the quantitative loss incurred by the authors in absence of adequate laws to safeguard their interest. This is one of the limitations of the research. Since the study would also use secondary data, there is a higher possibility that the information to be used would not be 100% accurate. The study, therefore, stands a chance of giving an inaccurate conclusion about the legal standards taken by the countries in protecting the financial interest of authors, as another limitation of the study.
CHAPTER TWO: LITERATURE REVIEW
2.1 Literature Review
Ann M. Fitzgerald argued for an effective legal system that is applicable to every author in Jordan. In her notice, the State of Play in Australia, she claims that the Jordan government should on the front through the State Secrets and Document laws that must regulate the authority given to the public officials to protect the public from disclosure of information designated state information and individually owned information thus invading the author’s power to scrutinize and contemplate copyright breach even in absence. She explains further people who are caught liable for abuse such provisions in law must be dealt. Self-owned information must be disclosed at the pleasure and authority of the owners in order to safeguard all interest by the holder of the right to the publication of the information thus protecting one’s privacy. Such information was levied out at owners' interest in reference to the State Secrets and Documents law no. 150 of 1971 and the official gazette notice of Jordan of the same year thus transforming the law from then and leading to the present scenario. According to Ann, she explains to draw an understanding the most important thing in the ring of information formed is the interest of the writer not the manner of circulation thus affecting the copyright in a way. The information printed should only be duplicated and printed at the interest and authority of the owner(Publications.parliament.uk, 2015). She gives an example of a case of malicious information written with an aim to incite the public. She acknowledges that such information are always restricted and blocked by the authorities not to be produced.
Ann exhausts her point by highlighting some of the clauses in the Jordanian Law that she felt must be emphasized to interest of safeguarding the financial rights of every author in Jordan and Northern Australia. Such include the right of the author to reproduce his/her work by any method, temporarily or permanently to which can allow him/her makes the possible economic value in the work. However, this method chosen by the author must be legal and recommended by the state. The authors must also have full right to distribute or make numerous copies of their work by selling or using any other method of financial transfer of ownership.
According to Dr. LurayMiner, a consultant and PhD graduate from London School of Economics in his article Compliance Law, he argues that only way to give a stable financial right to all authors in UK would be to identify a universal legal framework for the same and comply with it. In so say, he meant that the situation at publication and copywriting are constantly changing and as such makes the issue very incomprehensive and misunderstood. According to him, the existing laws that protect authors' financial rights do not guarantee a one-touch defense for the perpetrators. This is due to the varying reports published. However, when there is a common point of reference, also taking into account that books and information are universal, it would be more efficient to safeguard the financial interest of the authors as there are no grounds to breach. As such, a book authored in UK can be protected by the same law in Jordan with the interest of the author intact proving the similarity.



CHAPTER THREE: RESEARCH METHODOLOGY
3.1 Introduction
This chapter examines the research method to be used in the future research project. This encompasses the choice of data to be used, data collection method, presentation and data analysis method(Safi, 2015).
3.2 Research Design
The design is as such, the research focuses to make use of various written thesis on the same issue. This means that the research project to be carried out would entirely use secondary data as the source of information for the study while primarily stating the laws explaining the highlighted topic in a similar manner. The data collection sources would be trusted legal information sources such as government Gazette Notices, recognized Legal institutions, school library, and authorized literature on Law thus analyzing every reference and producing content useful to the research. The purpose of using real secondary from authentic sources is to minimize chances of misinformation that may arise from the secondary data used.
The Jordanian Minister of Culture has the privilege to relegate a nonexclusive, non-assignable permit to Jordanian nationals for both of two reasons: interpretation and production of an outside work to the Arabic dialect, gave that no such interpretation was made by the creator inside three years structure the work's introductory distribution production of a work available to be purchased at a lower or equivalent cost as comparative works offered available to be purchased in Jordan
Mandatory authorizing is conceded for utilizations fixing to training, and in all cases the creator of the first work stays qualified for just remuneration.
3.3 Definition and Measurement of Variables
The study being an analytical and a comparative study, there would be no need for stochastic measurement of variable. The research would hence only description of the relative changes in the factors of the education as shall be identified such as pirated content, plagiarized works and mishap.
A creator or inventor(author) is the copyright holder for any work they distribute that is credited to them, whether copyright is plainly expressed in the work or by whatever other means. In the event that a worker makes, amid work, a work identified with the exercises or business of the superintendent, or by utilizing the material set under their transfer to touch base at the work, then the copyright might be that of the manager unless concurred generally in composing.
3.4 Study Area
The study area of the research is restricted to both the legal frameworks thus, prohibiting any other reference usage and thus comparison. It is crucial to protect the self-esteem and the amended laws by the government(Usaid.gov, 2015).
In Jordan copyright consequently connects upon the making of a unique work of creation, however enlistment/ store with the National Library of the Jordanian Ministry of Culture puts a copyright holder in a superior position if prosecution emerges over the copyright.
Every work is issued a store number, and no authority expenses are needed.
A copyright holder fancying to enlist his/her copyright ought to:
Acquire and complete the proper form(s).
Plan clear interpretations of material being submitted for copyright.
On the off chance that applicable, get any vital relinquish records from persons who added to the work.

3.5 Data Analysis
Statistics show the emphasized point’s along-with relevant numbers to support it.
This Law combines the Law on Copyright No. 22 of 1992, the Law Amending the Copyright Law No 14 of 1998 and the Law Amending the Copyright Law No. 29 of 1999, as advised by Jordan under Article 63.2 of the Agreement to the World Trade Organization (WTO).
Some distinct statements in the articles:
• The creator's beneficiary alone have the privilege to practice the budgetary abuse rights stipulated thus for that item, gave that if the writer has contracted in composing amid his existence with others concerning the misuse of his item, this contract must be executed by conditions. Additionally, if more than a creator have tuned in creating the item, and one of them passes on without leaving a beneficiary, his some piece of the item will be similarly given to the remaining creators taking part in composing it , unless something else settled upon in composing.
• Open libraries and non-business documentation focuses, instructive foundations, experimental and social establishments might duplicate any item by photocopying it without the authorization of the creator, gave that the photocopies and the number of photocopies are constrained to the need of those organizations, furthermore, that this methodology does not harm the copyright of the item's creator, and that it doesn't damage the customary abuse of that item.
• In the event that a gathering participated in composing an item under themandates of a characteristic or mortal individual, and it is called an aggregate item, and this individual was focused on distributed it in his name and under his organization, though the work of the members in it was incorporated in the general population goal focused by that individual from the item or the thought he made it for, so that the work completed by each of the members in composing the item can't be divided or recognized , the individual that coordinated and composed the advancement of the item should be viewed as a creator thereof, and has alone the privilege to practice the copyright in that.
Thus, such distinguishable points forms the base on which the research is pursued.
Creators/copyright holders whose copyrights have been encroached have the privilege to get just pay. At the point when deciding such pay the courts consider various components, for example, the creator's social standing, the estimation of the function accordingly, the estimation of the work in the commercial center and the degree to which the encroaching party has benefitted from the misuse of the work.
Moreover the creator (or the beneficiaries or legitimate successors) may ask for that the courts take measures to: stop the encroachment usurp the encroaching work, its propagations, duplicates or whatever other material utilized as a part of the generationcrush the work's propagations or duplicates. usurp the incomes coming about because of the copyright encroachment .In occasions of duplicating or the usage of a creator's selective right without approval, the encroaching party may be liable to criminal punishments as detainment for a period at the very least three months and not over three years and a fine at the very least one thousand Jordanian Dinars and not more than three thousand Jordanian Dinars.


In Conclusion:
An overall research provides us the summary of rights inherited and the terms associated with their infringement and obliteration.
A few elite rights append to the copyright holder, including
The privilege to distribute and produce duplicates or generations of the work and to offer those duplicates (counting electronic duplicates)
The privilege to make alterations to the work (to enhance or change the work)
The privilege to make subordinate (works that adjust the first work)
The privilege to perform or showcase the work freely
The privilege to offer or appoint these rights to others
The privilege to withdraw the work from course
The privilege to test any encroachment of the work
 

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