جستجوی مقالات مرتبط با کلیدواژه « originality » در نشریات گروه « علوم انسانی »

 Using tattoo as a means for make-up or expression of certain thoughts or beliefs, is expanding in the society, especially among the youth and teenagers. This fact indicates the need to take into account the legal issues related to tattoo including artistic and literary rights of tattoo works which, sooner or later, would arise in the country. In the United States, legal doctrine has examined the conditions of protecting the tattoo designs. The prevailing attitude in the American law considers the conditions of granting copyright i.e. originality, being a work of authorship and fixation in a tangible medium to be fulfilled in the case of tattoo. However, due to the fixation of tattoo in human skin, the realization of the latter condition has been faced with objections which, indeed have been answered. In the Iranian law, it is possible to protect tattoo works which are not against public policy and good behavior, provided that they are original and expressed and have been published in Iran for the first time. Therefore, in the laws of the two countries, with differences in positive and negative requirements, tattoo works may be protected. However, given tattoo works are placed on human skin, the exercising the owners material and moral rights is confronted with implied license and fair use limitations.

The culture of a nation or country can express customs, traditions, and values that are formed on the basis of behavioral interactions of the same nation or country and have undergone an evolution, confrontation, or exchange. Auditory culture is considered as one of the sub-branches of culture, of which the musical auditory culture is one of its branches. The reasons for the divergence of musical auditory culture from the Naseri Period began with the entry of military music into the body of Iranian music, and factors such a modernism, religious ceremonies, the omission of Iranian instrument instruction, and the spread of note-based instruction are considered to be the main reasons for this occurrence. This article investigated the reasons for the divergence of Iranian musical auditory culture from its cultural and artistic originality from the Second Pahlavi Period to the 1979 Revolution. The method of analysis of this article is qualitative and, in nature, it is historical and descriptive-analytical. The necessary data has been collected through library research. The results showed that since the Second Pahlavi Period until the Revolution of 1979, radio and television, performance halls and cafes, recording and broadcasting of musical works, and cultural centers were also added to the previous four factors.  Although efforts were made to revive Iranian music, such endeavors could not offer the necessary resistance against the wave that carried non-Iranian music. Therefore, Iranian music continued in parallel with the contexts upon which western music was presented.

A database is a collection of data that are organized in a specific manner, requiring significant effort and investment to create. The intellectual property system may or may not provide support for the content of the database. However, what truly matters is the form of the database, which entails costs, effort, and sometimes even creativity. Now the question arising here is whether the arrangement and the selection of databases can be protected under intellectual property rights, particularly in Iranian Law. In certain countries, important judicial opinions have denied legal protection for databases lacking creativity, while others have recognized and supported the form which databases is selected and arrenged. In Iranian legal system, the protection for databases is only stipulated, but the method of providing this protection remains unclear. Based on various judicial and doctorinal opinions and existing regulations, a specific approach for supporting this type of database can be proposed.

The main aim of the present research is to examine and criticize the Theory of Two Originalities. This topic is fundamental, yet it has received less attention. According to famous philosophers, originality means having objectivity, exteriority, being the source of works, and forming the reality of the text. Therefore, those who claim that existence and essence have an external reality, believe in the theory of two originalities. The neglect of this theory has led some of its major supporters to introduce the Theory of Two Originalities under different names such as the originality of essence or the originality of existence, and various interpretations have been made based on the relationship between the existences and essences. In this study, three interpretations of the two originalities are presented: Rajab Ali Tabrizi considers existence as an external affair, but regards it as secondary to essence; Ahmad Ahwazi believes that existence and essence have an external combinatory unity; and Gholamreza Fayyazi believes that existence is realized in essence, and essence is considered as the existence's attribute in the exterior, and there is no external difference between them. After presenting these three interpretations, the arguments of the supporters of the theory of two originalities are examined and criticized, and finally, the most important criticisms of the supporters of the originality of existence are interpreted and evaluated.

Copyright and industrial designs in Iran's legal system are supported by the legislator in the two main branches of intellectual property rights, i.e. literary and artistic property and industrial property, and exclusive rights are created for their owners to exploit intellectual achievements. Sometimes intellectual creations are placed in a position that they have the ability to be supported in two or more protection systems in terms of the existence of the necessary conditions for legal protection. One of the notable examples in this field, which is the subject of the current research, is the support of intellectual achievement in the form of copyright and industrial designs, When in the design of a product, elegance, beauty and creativity are manifested in the design, which also benefits from the aspect of originality and novelty, and the question arises as to which of the above formats can better secure the rights of its creator. Considering the various views regarding the possibility of aggregating applicable rights in each form of protection, the current research with an analytical-descriptive approach aims to address the questions that can be raised in this field with regard to the relevant laws of Iran and scrutiny in related sources. And finally, the result is that overlapping is not completely possible, but under legal conditions and conditions, partial enjoyment of some rights and privileges is conceivable at the same time, while many jurists believe in complete separation.

Investigating the topic of double contrasts in literary and artistic works for a better and deeper understanding of these works has attracted the attention of contemporary linguists and narratologists. In this research, by looking at Saadi's works and ideas, we have paid attention to the investigation of double confrontations or mutual couples as one of the main pillars and elements in the components that Saadi has expressed the themes and themes related to health and mental health. According to the nature of the components studied in this thesis, the paradigm of the present research is descriptive-analytical and the method of representation is done through qualitative content analysis. The field of study and the scope of the current research, which was selected through a targeted sampling of Saadi's works, were determined based on the principle of sufficiency and sufficiency of evidence. The results of the research show that the contrast of words with opposite and opposite meanings covers a significant part of Saadi's poems and writings. With a structuralist look at the investigated examples, we find that these signs give attention to the real and objective explanation of practical solutions to obtain peace and comfort based on moral, mystical and educational teachings from the artistic and semantic point of view, and in the form of semantic, implicit, A structure in the sentence unit and literary contrasts are presented in Saadi's speech.

The present study was conducted with the aim of providing a process model for the training of competent officers and leaders in the Islamic Republic of Iran Army. The philosophy of this research is interpretive, inductive approach, qualitative method, and foundational data theory strategy with emergent approach. The studied population is experts in the field of education and training in IRI Navy officers' universities, whose sample members were selected using the snowball method, and data saturation was reached from semi-structured in-depth interviews with 19 experts. In order to present the model, according to the analysis, Glazer's "6C" family was used. The results showed that the main components of officer training include: emotional health, self-esteem, authenticity, integrity, commitment, spirituality, mindfulness, emotion management and training. The consequences include: officer training with the characteristics of being effective, brave, regular, expertise and passive training, self-commitment, integrity and integrity, being a leader, commanding with natural expression, and being faithful. The findings of this research provide a process model for the training of competent officers and leaders in IRI Army.

The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution cannot be the only way to achieve the desired goal of meeting the constitution with the needs of society, parties, and people on the constitution in the constitutional law. In this respect, two approaches of originality and dynamism are noteworthy. The controversy between the originalists and the dynamic constitution suggests that in addition to the formal method, constitutions can be reviewed and changed informally. In this article, the concept and principles of the dynamic constitution as a new theory, survey the limits of living constitution interaction in the face of the originalist constitution, the relationship between the living constitution and the legitimacy of the political system, and its confrontation with the rule of law are examined. The main goal of this article is to provide the basis for further research and localization of the present theory by examining the dimensions and challenges of the forthcoming issue to address the shortcomings of the Iranian constitution in the face of the current challenges of the constitution.

We argue in this paper on art as the fine art in architectonic of system of Kant's philosophy. Here be shown that Kant had unitary image from his architectonic of system of philosophy as unitary statue. He thought the unitary statue as a whole. Therefore, his critical thought is metaphysics. Kant passed traditional metaphysics and he disclosed subjectivity that is ground of critical metaphysics and it rises from critical reason. All of elements of his philosophy is based on the ground. on the other hand, in modern time art be realized as fine art; Since art before modern time includes sense of more general it. Thus, it had functional, educative, cognitive role and for understanding this attitude from philosophical view we need to back to Kant. Therefore, be shown that fine art as product of genius in modern time and in Kant's thought is based on subjectivity as its condition of possibility.

Places clearly have values, one of which is cultural values. The decorative methods of Qajar houses had pure structural values with a realistic content in its own time. Not enough study has been carried out on the factors affecting the cultural value of these places, despite the great value of houses in the Qajar period. The purpose of this study was to investigate the aspects of the originality of Qajar period house decorations and their role in the cultural values of this valuable heritage. The present study is a descriptive-analytical survey. The research area is the houses of Imam Jomeh, Vosough Al-Dawlah and Mostofi Al-Mamalek in Tehran. Statistical population of research is visitors of selected houses and the sample size is 384 people. Data were collected by library and field method (researcher-made questionnaire) and analyzed using factor analysis and regression methods. The results showed that the special characteristics of the decoration of the architecture of the houses under study are carving, tiling, plastering, painting, brickwork, trainings, Mogharnas, mirror work, lambing, sash and knitting, sash and wooden masonry. aspects of the originality of the decorations used in these houses; are original, exceptional, referential and influential originality. Influential originality with a coefficient of 0.466, the most important aspect of originality and referential, exceptional and original originalities are in the next priorities, respectively. In general, it can be concluded that the cultural values of Qajar houses in Tehran have been influenced by the characteristic features and originality of the decorations used in these places.

Chefs attempt to present different foods with a variety of recipes and ingredients to their audience using all types of media. Creativity, in this sector, is to the extent that nowadays people talk about the cooking art. This has led the issue of protecting culinary creations including recipes and food plating through literary and artistic rights, to arise. In the U.S, the actions already brought to protect recipes and food presentations have failed, although courts have not, as a general rule, refused the possibility of these creations to be copyrighted. The results of this descriptive-analytical article show that recipes going beyond mere listing of a food ingredients and its preparation method which indicate the person’s art, taste and talent are protectable provided that they are fixed in a tangible medium in the American law and expressed in Iranian law. However, since ideas are not protectable, third parties may not be prevented from cooking the food explained in recipes. The form of food and way of its presentation, where the above said conditions are met, would be protected too. Indeed, the requirement to be fixed in a stable tangible medium makes it difficult to protect some food presentations in U.S law.

Legal protection of designer/holder of industrial design rights in different countries is subject to meeting certain requirements such as novelty, originality, individual character or combination of them. Such a protection is not limited to registration phase and it will bear fruit in litigation. Legislators, depending on the circumstances e.g. resources and development policies and comparative advantage, chose the time and form of examination. Some prefer examination in registration stage, while others considers judicial authority is more appropriate to examine substantive requirements. Other countries have taken in between approach  and applied a hybrid system. this article elucidates and analyzes different examination systems and then tries to determine legislator choice for Iran design rights regime. Despite the fact that years have passed since adoption of 2006 Act, identifying examination system of 2006 Act and clearing the cloud regarding this matter is yet a challenging and controversial subject.

The use of the words "Author", "Creator" and "Creation" under the definition of "Work" in Article 1 of the Law on Protection of the Rights of Authors, Writers and Artists (1348) indicates that the existence of the element of creation in works is required in order to protect them. This issue poses a serious challenge to the protection of factual works. Factual works are works that include compilation and narration of facts, photographs, and geographical maps that describe facts or aspects of the world in which we live, e.g.  data and information about the world that are discovered and are not the result of the act of creation. Due to their extensive composition of factual material of the public domain, as well as the requirements for accurate narration of facts in some instances, such as biographies and histories, these works face significant uncertainty in distinguishing between "Fact" and "Factual Expression". The present study by using a descriptive-analytic method in examining the legal status of factual works and a comparative study of achieving originality in different types of these works in American law, due to their different nature, seeks to express the status of this issue in Iranian law and concludes that Iranian law has failed to recognize the distinctive nature of these works.

According to Article 1 of the Law on Protection of the Rights of Authors, Writers and Artists (1348) the requisite of protection is that the work must be the result of creativity and initiative of the author. This issue, where the idea of the work has no way of being creative, so that expressing the idea is possible in limited ways, raises the question of whether in such cases the work Is protected by law or not? This issue has been highly debated in the U.S Copyright law and has been called the Merger doctrine. According to this doctrine, when there is only one way or limited ways to express the idea of the work, so that the idea imposes its expression, the issue protected by law is not realized; Because, in fact, the basic condition of protection, which is the originality-creation of the work by the author-has not been fulfilled.The present article seeks to analyze the impact of the merger on the status of the originality of works by using a descriptive-analytical method in examining the judicial decisions issued in merger cases and concludes that this doctrine is also applicable in Iranian law; Also, the connection between the Merger doctrine and the fundamental condition of protection doubles the necessity for identifying and applying it in Iranian law.

Urban neighborhoods are one of the life-giving elements of any city and the culture of the inhabitants lies in the fabric of the neighborhoods. The historical context as a valuable heritage transmits the culture and identity of the city to the next generation. For this reason, once the historic neighborhoods as a symbol of security, comfort and originality of residents, due to the inefficiency of their structure, the social structure has suffered from instability and disintegration, and finally the originality of neighborhoods of historical context has been lost. Thus, identifying the components of originality in the neighborhoods of the historical context of Tehran, which originates from the philosophical and doctrinal schools of the residents of the neighborhood, has been considered as the purpose of this article. Therefore, through in-depth observational documentary study with the help of in-depth interviews, the biological experiences of ten residents of Sheikh Hadi neighborhood in District 11 of Tehran Municipality were selected by purposive sampling and evaluated and analyzed by weekly clipping method. Finally, the phenomenological reading of the originality of the neighborhoods of the historical context of Tehran has originated from the aesthetic, perceptual-behavioral and functional-activity components, so that personal beliefs and beliefs, individual perceptions, duration of residence, aesthetic elements, readability factors and Functional and activity elements are recognized as the main foundation of the originality of the neighborhoods of the historical context of Tehran in interaction with the identity of the place and increase the sense of belonging.

Sport, like other industries, has products and goods that may be based on skill, art, thought and knowledge. With a glance, it's possible to see professional sports competitions and surrounding affairs as the source of products that are shaping up in the industry. One of the achievements of these races is the sale of points, television broadcasting, ticket sales, promotions, and the like; among them the most profitable is the sale of sporting media player points, which are in the form of a contract, club or league or sports federation, the right to broadcast The contest settles in a variety of ways to an organization or company that specializes in broadcast media. Regardless of the level of commercial importance and popularity of professional sports competitions, one of the most important doubts is whether a set of professional sports competitions can be protected as literary and artistic work as intellectual property rights? This research seeks to prove, with the help of the fundamental principles of literary and artistic works, that professional sports competitions have the ability to take into account the truthfulness of the aspects of originality and expression in a particular form and form of the case of literary and artistic works of thought And hence the monitory and moral rights arising from literary and artistic works.

The current study aims to explain the patterns in the contemporary architecture of Iran after the revolution in terms of the interaction of originality and innovation. As the architectural revelation of every country in a historical series leads to the improvement and advancement in the level of a country’s architecture, it can also cause an improvement in the latent aspects of architecture in terms of originality and innovation and historical interaction with its vernacular and past architecture. Following the fact that after the victory of the Islamic Revolution, the beginning and movement of architecture in terms of changing the previous approach to a new attitude, therefore, evaluation of the level of innovation and interaction with its past architecture in terms of following the themes of originality, while changing the previous approach to the contemporary architecture after the revolution is one of the main criteria and goals of the paper. The research method is meta-analysis and deductive-reasoning. Research results show with the growth of past identity seeking in contemporary architecture, the topic of interaction and originality in the form of man and his cultural dimensions in post-revolution architecture becomes more manifested and visible and Westernism as a foreign culture has been suppressed and most of the remarkable works have an indigenous cultural mentality and identity prominence.