Zahra Shakeri; yasaman jafarpour
Abstract
Today, the conflict between the private owners of cultural heritage and governments has been revealed in various areas. One of these areas is the discrepancy between intellectual property holders and institutions that hold cultural heritage, especially museums, libraries and archives. On the one hand, ...
Read More
Today, the conflict between the private owners of cultural heritage and governments has been revealed in various areas. One of these areas is the discrepancy between intellectual property holders and institutions that hold cultural heritage, especially museums, libraries and archives. On the one hand, the holders of the rights are those who rely on their exclusive rights to prevent the exploitation of third parties and on the other hand, governments and public institutions are limiting the realm of private property and intellectual property management in the form of cultural heritage. Unfortunately, there are no specific rules or regulations to resolve this conflict. Therefore, the present paper analyzes the domains of this conflict by analytical-descriptive method and then provides a solution to solve it and measure the priority of public and private interests. It concludes at the end that this conflict and duality are obviously in all of the various branches of the author's rights. And thus, initially resorting to negotiation and, if not possible, the preference of the public interest on individual interests can be considered as a way to escape this conflict.
Mostafa Soltani; Hossein Basirian Jahromi
Volume 15, Issue 26 , December 2014, , Pages 131-154
Abstract
Cinematic works are among important works in the list of supportable works in intellectual property rights and enjoys its protection regulations. Study of the historical development and legal protection of these works indicates that there are obstacles in the way of identifying cinematic works as separate ...
Read More
Cinematic works are among important works in the list of supportable works in intellectual property rights and enjoys its protection regulations. Study of the historical development and legal protection of these works indicates that there are obstacles in the way of identifying cinematic works as separate and independent works, the majority of which are as follows: Determining the subject under protection and the author of the cinematic work. This paper aimed at conducting a comparative study on the national laws of France and the UK on one hand, and the Act for protecting the rights of Iranian authors, composers and artists (approved in 1969), on the other hand, in order to analyze and compare the historical background of these two challenges. Among the important results of this study which was already referred to is the necessity of meeting existing needs in the field of cinematic works rights by considering the experiences of other countries and leading legal systems in the world by Iranian legislators, so that the protection of cinematic works is determined, and accordingly, authors of the works are identified.
