جستجوی مقالات مرتبط با کلیدواژه « creator » در نشریات گروه « فقه و حقوق »

The definition of intellectual property rights is important and vital to express the conflict of public and private interests because the clarity of the subject, goals, principles, subject matter and proof of ownership of the intellectual product and creator's ownership are on the topics that value the public and private interests in intellectual property rights. It clarifies and expresses the importance of paying attention to both and creates a suitable context for expressing the conflict of public and private interests. An important question that arises before examining the records and the time of the formation of intellectual property rights is what are the rights. Is it intellectual property? Providing a definition of intellectual property rights is necessary to identify the issue in which the conflict between public and private interests is to be examined. Because without clarifying the meaning and definition of a discussion and not identifying its topic, it is impossible to investigate and provide a solution, and if it is done in vain.

In contemporary intellectual property law, literary and artistic property rights extend beyond mere movies or literary works to encompass the fictional characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. Among these creations, fictional characters hold a profound influence over our daily lives and entertainment pursuits, spanning various media such as movies, books, and computer programs. Iconic figures like Sherlock Holmes, Batman, and Superman exemplify the significant fictional characters that have received such protection. Given the vast diversity of fictional characters, it becomes imperative to secure the rights of their creators, thereby fostering the necessary motivation for their ongoing creativity. Consequently, the principal objective of this article is to delve into the mechanisms by which fictional characters are safeguarded within the framework of literary and artistic property rights. Specifically, the article seeks to address whether it is feasible to independently protect these characters within this legal structure.To achieve this goal, a descriptive-analytical methodology is employed, drawing upon court jurisprudence, particularly in the United States, to elucidate the legal underpinnings and delineate the elements, possibilities, and criteria for protecting fictional characters. Central to this examination are discussions on the concept of fictional characters, methodologies for protection, criteria for identifying infringements, proprietary rights, and protected elements. Moreover, it is important to note that data collection for this article follows a documentary and library-based approach. Utilizing the library method, a cornerstone of scientific research, ensures a comprehensive exploration of existing literature and resources. Through this methodological framework, data is systematically gathered and analyzed using a descriptive-analytical lens. The article concludes that fictional characters can indeed be independently supported, distinct from the larger artistic work. These characters are defined as "abstractions eliciting a response in the mind of the reader or viewer through written or spoken words." Consequently, certain guiding principles must be observed in supporting fictional characters, notably the principle of " idea-expression dichotomy." In the realm of works in in Literary and Artistic Property Law System, protection extends to the tangible expression of the work, rather than the underlying ideas. The work is defined as "the expression of creative and original literary and artistic thoughts of the creator that has been established in the outside world." Additionally, authenticity and fixation conditions are pivotal for support, ensuring the character's origin from the creator and its objective manifestation. Further examination focuses on tests designed to assess potential violations of fictional character rights, such as the " Distinct Delineation Test," the " Story being told test,” And the "three-part test." These tests evaluate elements such as physical appearance, identity, evolution, and narrative significance. Ultimately, an analysis of relevant cases demonstrates that courts recognize the possibility of independently protecting fictional characters, provided they exhibit originality and developed expression. The application of such tests within judicial procedures serves to bolster creator motivation, stimulate creative endeavors, and attract investment in cultural and artistic domains, alongside other cultural and social pursuits.

Imagining the nature of the relationship between the creator and intellectual phenomenon and how their legal effects are considered among the topics related to intellectual ownership. In this article, while explaining the nature of the right of ownership of intellectual works, different points of view have also been examined. This examination has been done from two legal and jurisprudential perspectives and the explanation of this relationship can be studied in two ways. First, the general examination of the relationship, which is how intellectual ownership is placed under the right section, and the second stage is the examination of the specific legal title that is applied to this relationship. In order to analyze the content, first the word right and ownership, which express the relationship between a person and a person or something, and then the relationship between the creator and intellectual phenomenon have been examined. According to the findings of the study regarding the nature of the relationship between the creator and intellectual phenomenon, based on jurisprudence, the holy lawmaker considers ownership as the right to benefit from the object and its exchange, and the legislator has also in a way endorsed this view.

The protection of intellectual creations in the realm of laws and regulations has been one of the most fundamental goals of legal systems in the present century; Therefore, both at the national and international levels, several laws and treaties in the field of literary, artistic and industrial property have been formulated and regulated, and each of them has supported different examples. In Iran, one of the most important and in fact the first law that has been approved in the field of literary and artistic property is the Law on Protection of the Rights of Authors, Writers and Artists approved in 1969, which is mentioned in Article 2 of the law. . Despite Article 2 of the Berne Convention, which can be interpreted in an allegorical way in various ways, Article 2 of the Law on the Protection of the Rights of Authors, Writers and Artists, which seems to be inspired by Article 2 of the Berne Convention, is a form of expression. Which has caused doubts about the allegorical or exclusive nature of its examples. In the present study, using a descriptive-analytical approach, while explaining different legal perspectives and presenting various other reasons, it is concluded that despite the supportive nature of this law, the method of preparing Article 2 and other materials related to this article is such that the view is exclusive. Supported by Article 2 of the Law on the Protection of the Rights of Authors, Writers and Artists, but due to the different effects that each of the above views may have, it is suggested that a moderate approach be chosen in this regard; Thus, if the emerging instances are able to comply with the instances mentioned in Article 2 of the said law and a similarity can be established between them, it will be supported and otherwise a special law will be set.

Acquiring scientific degrees as well as accessing higher social positions can sometimes lead to a kind of unethical and abnormal behavior that is commonly referred to as "scientific theft"; in most societies denounced But this confrontation has been accompanied by weaknesses. In the present study, using a descriptive-analytic method, we will examine how the impact of societal culture on and against the theft of scientific theft? And what are some of the ways in which the laws of the country of Iran and the EU member states deal with the ominous phenomenon of "scientific theft"? The results show that the culture of each society has a significant impact on the level of scientific theft of its members, and in the EU member states, in addition to the laws, there is a strong emphasis on the implementation of educational policies to instill a proper and efficient research culture in society. However, several laws have been enacted in Iranian law, including the Comprehensive Law on the Protection of Authors, Authors and Artists, Adopted in 1348, as well as the relatively specialized Law on Preventing and Combating Fraud in the Making of Academic Works, Adopted in 1986. They need to be run more efficiently. Another major problem in this regard is the violation of cultural principles, the disregard of the intellectual property rights of the copyright holders on the one hand, and the attainment of scientific degrees without direct and genuine research by some individuals resulting from the granting.