فهرست مطالب zahra omid

The role of literary and artistic works in the cultural development of a society is so strong that many sociologists have considered the basis of education in art and have emphasized its fundamental role in the growth and promotion of society. The undeniable impact of literary and artistic works is that if these works are in line with human and religious ethics and teachings, they will result in scientific and cultural excellence, and moving along the path, will have no effect other than degeneration and decline. In view of the need to balance the interests of society in the pursuit of new and exalting literary and artistic works on the one hand and to support the creators of artworks in the creation of exquisite works on the other, this article seeks to determine whether there is a legal limitation or absolute protection of these works in Iranian law by expressing the role of literary and artistic works in society. And if the restriction is imposed, what is the criterion to apply the restriction? The results show that the absolute literary and artistic works in the teleological, ethical and human dignity legal systems, unlike capitalist legal systems based on materialism and pleasure, are not legally supportable and for determining Supported Items, must use legitimacy and legitimate rational interest criterion

The broadcasting organizations owing to their role in the ground of providing the public accessibility to these works and controlling their repetition has been supported by law. In this research, by utilizing the descriptive analytical method, we are following the belonged rights, probable exceptions to these rights, and their remedies; moreover, in the ground of municipal law, we deal with the prospect of Iran’s law in this issue and the adaption of acts with international deeds. In the interest of obtained results, the broadcasting organizations, todays merely have the right of issuance of authority or prevention of repetition, stabilization or, in rare situations, spreading the recorded versions, and informing with all types of sending programs. In our country, the draft of the bill of the comprehensive act of supporting the literary and artistic ownership rights and related rights has codified on the basis of sample act, WIPO, on which it is expected that the supporting level of these organizations increases to the criteria of World Intellectual Property Organization.

The intellectual property rights of broadcasting organizations، such as other intellectual property domains، is one of the most important issues for jurists، lawyers and broadcasters since 1961، when the international convention on protection of performers، producers of phonograms and broadcasting organizations was ratified in Rome. This convention، which is also called Rome convention، grants the broadcasting organizations̕ right of rebroadcasting، fixation، reproduction of fixations of broadcasts and the communication to the public of their television broadcasts. These organizations can further authorize or prohibit these actions. Unfortunately، this convention has never been revised till now، and is not coordinated with the technological advances such as webcasting and simulcasting broadcasts. This article is about to investigate if this type of broadcasts can be protected by law or not? And if they are protectable، which kind of rights are suitable for webcasters? How does their rights infringe? And what is the exceptions to the granted rights in this scope.