Legal Protection of the University Author’s Moral Right under Omani Law

Abstract

This study examines the moral rights of the academic author, considering the Omani Copyright and Related Rights Law of 2008, considering such rights as intrinsically attached to the person of the author, inalienable, and not subject to limitation by prescription. The significance of this study stems from the distinctive nature of academic work and the legal issues it raises in light of the interaction between scholarly activity and the university's institutional framework, particularly in the context of the development of electronic publishing, distance learning, and open educational resources. The study aims to determine the extent to which professors, researchers, and students enjoy moral rights in respect of their own works, including the right of attribution, the right to integrity of the work, the right of first publication, and the right of withdrawal. It also examines the impact of administrative dependency and occupational obligations on the exercise of these rights. In addition, the study addresses academics' obligations when using the works of others in teaching and research, as well as the limits of such use without infringing the moral rights of other authors. The study adopts a descriptive and analytical methodology by examining relevant legal texts and doctrinal opinions. It concludes that a careful balance must be struck between the protection of the moral rights of academic authors, the requirements of academic institutions, and the public’s right of access to knowledge.