Bridging the gap between theory and practice: authors moral rights in commissioned works in the GCC

Author's moral rights have been the centre of an ongoing conflict between common and civil law systems. The essence of moral rights suggests that there is a sacred bond between the author and his work regardless of the context of the created work. Nevertheless, the particular nature of commissioned works and the need to safeguard the interest of commissioned party compel one to consider the concept of author's moral rights. As most states of Gulf Cooperation Council (GCC) are part of the civil law system, and play a significant role in international business, the potential negative effect of author's moral rights on business should not be overlooked. Therefore, it is the aim of this article to examine author's moral rights in commissioned works and to highlight the gap between the current legal provisions and the practical needs of both parties (the author and the commissioner). The paper calls for revising the position of author's moral rights in the context of commissioned works and proposes adopting a modified common-law approach.