جستجوی مقالات مرتبط با کلیدواژه "commercial advertisement" در نشریات گروه "فقه و حقوق"

It is important to study the aspects and characteristics of advertisement, froma jurisprudential view. Although the history of advertisement is back to firsttrades by human and before Islam, but some of ads ways, like using bellmanfor sale were used at the beginning of Islam and the Prophet (PBUH) didn'tforbid it. In this article, by examining the evidence of legitimacy of advertisement, we review the jurisprudential and religious sources and get the possible obligation, prohibition, and reprehensibility of it. The important resultof this article: certainty of the evidence of legitimacy and permission of commercial advertising, in itself, and from a religious point of view; its secondaryprohibition in cases such as concomitancy with forbidden acts, promotingluxury life, encouraging extravagance, creating false need... The article usedlibrary method and descriptive-analysis way with extracting data from publicand legal sources of advertising.

Advertisement on the cyberspace needs regarding of special principle and requirements; these requirements should be in a form that secure of suppliers of goods and people’s trust in the field of electronic commerce in addition to protect visitors’ rights. Generally, if someone wants to advertise a commercial stuff in the cyberspace, he/she should regard some legal requirements such as precision, honesty in it traits, avoid of fake and misleading advertisement, and avoid of making mental pressure on visitors. Mentioned legal requirements rooted in national and transnational rule for electronic commercial law, and generally, internet law. Electronic commercial Code (1372), provided some of these requirements. Few requirements, besides of criminalization of its violating acts, are provided by this Code regardless of complete consideration to public criminal law such as malice intent, to show the necessity of measure of requirements and un-criminalization of violating mentioned requirements.

Nowadays, images of celebrities are used to advertise goods and services, and this phenomenon is growing. On the one hand, in recent years, celebrities become aware of the value of image and image rights in advertisement world. On the other hand, many agencies and owners of goods and services become aware of the important effect of popularity of celebrities as a tool to boost sales of goods. Therefore, in today’s world, celebrities’ image rights become a valuable asset. There is not a uniform procedure among legal systems in respect of nature of celebritie's image rights. The legal system of the United States has recognized the economic value of image by accepting it as a right of publicity and has been considered it as an economic right. In European countries, France still remains in the framework of right of personality while in legal system of England, image rights is described within right of privacy. By considering the differences in this field, this paper seeks to explain the adopted approaches in legal systems, and analyze the nature of image rights in Iran.